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), 47938-47942 [2015-19532]
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whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimates of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden including
the use of automated collection
techniques or the use of other forms of
information technology; and (e) the
annual cost burden to respondents or
record keepers from the collection of
information (total capital/startup costs
and operations and maintenance costs).
The comments that are submitted will
be summarized and included in the CBP
request for OMB approval. All
comments will become a matter of
public record. In this document, CBP is
soliciting comments concerning the
following information collection:
Title: Canadian Border Boat Landing
Permit.
OMB Number: 1651–0108.
Form Number: CBP Form I–68.
Abstract: The Canadian Border Boat
Landing Permit (CBP Form I–68) allows
participants entering the United States
along the northern border by small
pleasure boats weighing less than 5 tons
to telephonically report their arrival
without having to appear in person for
an inspection by a CBP officer. United
States citizens, Lawful Permanent
Residents of the United States, Canadian
citizens, Landed Commonwealth
Residents of Canada, and Landed
Residents of Canada who are nationals
of the Visa Waiver Program countries
listed in 8 CFR 217.2(a) are eligible to
participate.
The information collected on CBP
Form I–68 allows people who enter the
United States from Canada by small
pleasure boats to be inspected only once
during the boating season, rather than
each time they make an entry. This
information collection is provided for
by 8 CFR 235.1(g) and Section 235 of
Immigration and Nationality Act. CBP
Form I–68 is accessible at https://
www.cbp.gov/newsroom/publications/
forms?title=68&=Apply.
Current Actions: This submission is
being made to extend the expiration
date with no change to the burden hours
or to the information collected.
Type of Review: Extension (without
change).
Affected Public: Individuals or
Households.
Estimated Number of Respondents:
68,000.
Estimated Time per Respondent: 10
minutes.
Estimated Total Annual Burden
Hours: 11,288.
Estimated Annual Cost: $1,088,000.
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Dated: August 3, 2015.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2015–19566 Filed 8–7–15; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
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)
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This document announces
U.S. Customs and Border Protection’s
(CBP’s) plan to modify the National
Customs Automation Program (NCAP)
test concerning the transmission of
electronic filings through the
Automated Commercial Environment
(ACE), known as the Partner
Government Agency (PGA) Message Set
test. These modifications extend the
current PGA Message Set to cover
entries arriving by ocean, truck, rail, and
air modes of transportation at CBPdesignated ports and expands the use of
the ACE PGA Message Set for the
transmission of U.S. Department of
Transportation, National Highway
Traffic Safety Administration (NHTSA)
import data for entries of motor vehicles
and motor vehicle equipment items.
CBP invites public comment concerning
the test program.
DATES: The modified PGA Message Set
test will commence no earlier than
August 10, 2015, and will continue until
concluded by way of announcement in
the Federal Register. Comments will be
accepted through the duration of the
test.
ADDRESSES: Comments concerning this
notice and any aspect of this test may
be submitted at any time during the test
via email to Josephine Baiamonte, ACE
Business Office (ABO), Office of
International Trade at
josephine.baiamonte@cbp.dhs.gov. In
the subject line of your email, please
indicate, ‘‘Comment on NHTSA PGA
Message Set Test FRN’’.
FOR FURTHER INFORMATION CONTACT: For
NHTSA-related PGA Message Set test
SUMMARY:
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questions, interested parties should
send an email message to Clint Lindsay
at Clint.Lindsay@dot.gov or Coleman
Sachs at Coleman.Sachs@dot.gov, and
they should send a copy of that message
to their assigned CBP client
representative. For technical questions
related to the Automated Commercial
Environment (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 at
steven.j.zaccaro@cbp.dhs.gov with the
subject heading ‘‘PGA Message Set
NHTSA Test FRN-Request to
Participate’’.
SUPPLEMENTARY INFORMATION:
Background
This test notice, and the Customs
related electronic functions it describes,
are part of 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, December 8, 1993)
(Customs Modernization Act). See 19
U.S.C. 1411. Through NCAP, the initial
focus of customs modernization was on
trade compliance and the development
of the Automated Commercial
Environment (ACE), the planned
successor to the legacy Customs
Automated Commercial System (ACS).
ACE is an automated and electronic
system for commercial trade processing.
ACE will 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 its communities of interest. The
ability to meet these objectives depends
upon 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 introduce a
new capability or to replace a specific
legacy ACS function. Each release will
begin with a test, and will end with
mandatory compliance with the new
ACE feature, thus retiring the legacy
ACS function. Each release builds on
previous releases, and sets the
foundation for subsequent releases.
On December 13, 2013, U.S. Customs
and Border Protection (CBP) published
in the Federal Register a notice
announcing a National Customs
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Automation Program (NCAP) test called
the Partner Government Agency (PGA)
Message Set test. See 78 FR 75931. This
test is in furtherance of key CBP
International Trade Data System (ITDS)
initiatives, as provided in the Security
and Accountability For Every Port Act
of 2006 (‘‘SAFE Port Act’’), Pub. L. 109–
347, 120 Stat. 1884 (19 U.S.C. 1411(d)),
to achieve the vision of ACE as the
‘‘single window’’ for the Government
and trade community. ACE will
automate and enhance 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. The
use of ACE to process trade data will
significantly increase efficiency and
reduce costs compared to the traditional
manual method of processing of paper
forms.
The PGA Message Set is the data
required to satisfy the PGAs’ reporting
requirements.
ACE will enable the trade community
to submit trade-related data, required by
the PGAs, only once to CBP, thus
improving communications between
agencies and filers, and shortening entry
processing time. This data must be
submitted at any time prior to the
arrival of the merchandise on the
conveyance transporting the cargo to the
United States as part of the ACE Cargo
Release process. The data will be
validated and made available to the
relevant PGAs involved in import,
export, and transportation-related
decision making. The data will satisfy
the filer’s obligation to make entry and
will 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 manual
processing of paper documents.
The December 2013 Federal Register
notice announced that ACE would be
accepting certain PGA data elements for
the Environmental Protection Agency
(EPA) and the U.S. Department of
Agriculture, Food Safety and Inspection
Service (FSIS) for type ‘‘01’’
(consumption) and type ‘‘11’’ (informal)
commercial entries filed at specified
ports. The December 2013 Federal
Register notice also provides additional
background on the NCAP and the
International Trade Data System (ITDS).
On February 4, 2015, CBP published the
announcement that it had broadened the
PGA Message Set test to accept
additional PGA data elements for the
EPA, for type ‘‘01’’ (consumption) and
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type ‘‘11’’ (informal) commercial entries
filed at specified ports. See 80 FR 6098.
For the convenience of the public, a
chronological listing of Federal Register
publications detailing ACE test
developments is set forth below in
Section XIV, entitled,
‘‘Development of ACE Prototypes’’.
The procedures and criteria related to
participation in the previous ACE
notices remain in effect unless
otherwise explicitly changed by this or
subsequent notices published in the
Federal Register.
I. Authorization for the Test
The Customs Modernization Act
provides the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. This test is authorized pursuant
to section 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.
II. Partner Government Agency
Message Set for Four Transportation
Modes
This document announces CBP’s plan
to expand the PGA Message Set to allow
submission of certain data, which PGAs
require, for informal and formal
consumption entries arriving by air,
ocean, rail, or truck mode of
transportation.
At this time, a limited number of
ports will be accepting PGA Message Set
data. A list of those ports is provided on
the following Web site: https://
www.cbp.gov/document/guidance/listaceitds-pga-message-set-pilot-ports.
Those ports will accept PGA Message
Set data for entries arriving by air,
ocean, rail, or truck mode of
transportation.
CBP may expand this test to include
additional ports in the future. CBP may
also expand the commodities that are
within the scope of the test, as indicated
by the Harmonized Tariff Schedule
(HTS) codes, on the following Web site:
https://www.cbp.gov/trade/ace/
catair#field-content-tab-group-tab-4.
Test participants should monitor the
Web site for updates to the list of ports
accepting PGA Message Set data and the
list of HTS codes covered by the test.
III. The National Highway Traffic
Safety Administration (NHTSA)
In addition, this document announces
CBP’s plan to expand the PGA Message
Set test to include electronic filings of
the NHTSA PGA Message Set for the
importation of motor vehicles and motor
vehicle equipment items.
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NHTSA is responsible for
implementing and enforcing the
National Traffic and Motor Vehicle
Safety Act of 1966, as amended,
codified at 49 U.S.C. Chapter 301 (49
U.S.C. 30101 et seq.). Under its
authority, NHTSA issues and enforces
the Federal motor vehicle safety
standards (‘‘FMVSS’’), which apply to
motor vehicles and certain items of
motor vehicle equipment. Section
30112(a)(1) of Title 49 U.S.C. contains a
general prohibition on, among other
things, importing into the United States
motor vehicles or motor vehicle
equipment items that do not comply
with all applicable FMVSS and that are
not covered by a certification issued
under 49 U.S.C. 30115. Under 49 CFR
591.5, any person offering a motor
vehicle or item of motor vehicle
equipment for importation into the
United States must file a declaration.
This declaration is known as the DOT
HS–7 Declaration Form. Under its
parallel regulation at 19 CFR 12.80, CBP
requires that a declaration be filed in
duplicate for motor vehicles or motor
vehicle equipment items. In practice,
importers or brokers file the HS–7
Declaration Form and supporting
documents for these products. The DOT
HS–7 Declaration Form, the form’s
supporting documents, and NHTSA’s
regulations require the identification of
parties associated with the entry of the
products that are presented for
importation, as well as information on
the identity of imported motor vehicles
and motor vehicle equipment items.
Importers of motor vehicles or motor
vehicle equipment items are required to
file a HS–7 Declaration Form and
supporting documents with CBP at the
time of making entry. Alternatively,
importers may file the HS–7 Declaration
Form electronically via the Automated
Broker Interface (ABI) and present the
HS–7 Declaration Form’s supporting
documents to CBP at the time of entry.
NHTSA staff may review the importer’s
entry information and make a
determination as to whether the
shipment should be released, detained,
or refused. This may involve manual
checking of key information against
NHTSA databases. The current process
is costly and inefficient because it relies
on paper documents, and manual data
validation and error correction. The
review process can take several days
during which more costs may be
incurred for storage.
CBP is expanding the use of the PGA
Message set to include the electronic
filing of NHTSA-regulated motor
vehicles and motor vehicle equipment
items for type ‘‘01’’ (consumption) and
type ‘‘11’’ (informal) commercial entries
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filed at specified ports. The data
elements to be filed electronically
through the PGA message set are those
found in the current paper form (DOT
HS–7 Declaration Form), collectively
the ‘‘NHTSA Vehicle/Equipment
Information Collection.’’ Supporting
documents such as the DOT
conformance bond form (DOT HS–474)
must be submitted electronically at any
time prior to the arrival of the
merchandise on the conveyance
transporting the cargo to the United
States via a CBP-approved Electronic
Data Interchange (EDI). In a notice
published in the Federal Register (79
FR 36083) on June 25, 2014, CBP set
forth the rules for filing submissions via
DIS and a list of CBP and PGA forms
that may be submitted via DIS.
Technical information regarding the use
of DIS is available at the following Web
site: https://www.cbp.gov/trade/ace/
features.
The technical requirements for
submitting the NHTSA data elements
are set forth in the supplemental
Customs and Trade Automated Interface
Requirements (CATAIR) guidelines for
NHTSA. These technical specifications,
including the CATAIR chapters and
applicable Harmonized Tariff Schedule
of the United States (HTSUS) codes, can
be found at the following link: https://
www.cbp.gov/document/guidance/
national-highway-traffic-safetyadministration-nhtsa-pga-message-setmanual.
The NHTSA-required entry data will
be filed electronically once through the
single window for use by both NHTSA
and CBP, for pre-arrival screening, using
the PGA Message Set. This will
eliminate separate document filings for
participating importers and as a result,
reduce the overall paperwork burden on
the importer and the port associated
with these NHTSA-regulated shipments.
It will also significantly reduce the
initial processing and review time for
motor vehicle and motor vehicle
equipment item entries, provide
consistency of these reviews, and
eliminate the costs of filing paper
documents. The electronic filing will
also allow automated checks of certain
required information facilitating prearrival admissibility verifications,
thereby focusing CBP and NHTSA
resources on shipments of interest.
At this time, the test will include
entries originating in the ocean, truck,
rail, and air environment. Upon
acceptance into this test, participants
will be allowed to transmit the NHTSA
data elements for entries originating in
the air, ocean, rail, and truck
environments, as specified in this
notice. During this test, participants will
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collaborate with CBP and NHTSA to
examine the effectiveness of the single
window capability.
IV. Test Participant Responsibilities
PGA Message Set test participants
will be required to:
• Transmit the NHTSA Vehicle/
Equipment Information Collection with
the ports that are accepting the ACE
PGA Message Set data. A current list of
those ports is posted on the following
Web site: https://www.cbp.gov/
document/guidance/list-aceitds-pgamessage-set-pilot-ports.
• Transmit, when applicable, the
NHTSA Vehicle/Equipment Information
Collection using the NHTSA PGA
Message Set and the supporting
documents via DIS. This information
must be electronically transmitted to
ACE using an ACE Entry Summary
certified for cargo release at any time
prior to the arrival of the merchandise
on the conveyance transporting the
cargo to the United States;
• Transmit the NHTSA Vehicle/
Equipment Information Collection only
as part of an ACE Entry Summary
certified for cargo release;
• Transmit import filings to CBP via
ABI in response to a request for
documentation or in response to a
request for release information for
certified ACE Cargo Release;
• Only transmit to CBP information
that has been requested by CBP or
NHTSA;
• Use a software program that has
completed ACE certification testing for
the PGA Message Set; and
• Take part in a CBP evaluation of
this test.
Participants are reminded that they
should only file documents that CBP
can accept electronically. The
documents CBP can accept
electronically are listed under the
Document Image System (DIS) tab of the
ACE Features page on the Web site
https://www.cbp.gov/trade/ace/features,
and, for participants using ABI, in the
PGA Message Set part of the CATAIR.
When CBP cannot accept additional
information electronically, the filer
must file the additional information by
paper. See 78 FR 75931 at 75934–35
(December 13, 2013), for information on
Confidentiality (Section XIII) and
Misconduct under the PGA Message Set
Test (Section XIV).
V. Waiver of Regulation Under the Test
For purposes of this test, 19 CFR
12.80 will be waived for test
participants only insofar as eliminating
any requirement that may appear in
these regulations to file a paper version
of the DOT HS–7 Declaration Form or
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its supporting documents. In its place,
test participants are required to transmit
electronically the data elements
contained in the DOT HS–7 Declaration
Form via the PGA Message Set and the
HS–7 Declaration Form’s supporting
documents via DIS. This document does
not waive any recordkeeping
requirements found in part 163 of title
19 of the CFR (19 CFR part 163) and the
Appendix to part 163 (commonly
known as the ‘‘(a)(1)(A) list’’).
VI. Eligibility Criteria
As announced in this notice, the use
of the PGA Message Set test is
expanding to accept DOT HS–7
Declaration Form data elements, also
known as the NHTSA Vehicle/
Equipment Information Collection, and
supporting documents. All other
eligibility criteria as specified in prior
PGA Message Set test notices remain the
same. To be eligible to apply for this
modification of the PGA data message
set test, the applicant must:
• Be a self-filing importer who has
the ability to file ACE Entry Summaries
certified for cargo release or a broker
who has the ability to file ACE Entry
Summaries certified for cargo release;
and
• File entries for NHTSA-regulated
commodities that are the subject of this
test at the ports that are accepting PGA
Message Set data.
CBP will accept an unlimited number
of participants for the test. Test
applicants must meet the eligibility
criteria described in this document to
participate in the test program.
VII. Application Process
Any party seeking to participate in the
modified PGA Message Set test
concerning NHTSA data should send an
email message to Clint Lindsay at
Clint.Lindsay@dot.gov or Coleman
Sachs at Coleman.Sachs@dot.gov to
request participation in the modified
test. They should send a copy of that
request also to their CBP Client
Representative, ACE Business Office
(ABO), Office of International Trade.
Interested parties without an assigned
client representative should submit an
email to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov with the
subject heading ‘‘PGA Message Set
NHTSA Test FRN-Request to
Participate’’.
Emails sent to the CBP client
representative or to Steven Zaccaro
must include the applicant’s filer code
and the port(s) at which they are
interested in filing the appropriate PGA
Message Set information.
At this time, PGA Message Set data
may be submitted only for entries filed
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at certain ports. A current listing of
those ports may be found on the
following Web site: https://www.cbp.gov/
document/guidance/list-aceitds-pgamessage-set-pilot-ports.
Client representatives will work with
test participants to provide information
regarding the transmission of this data.
CBP will begin to accept applications on
August 10, 2015 and will continue to
accept applications throughout the
duration of the test. CBP will notify the
selected applicants by email 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 email
and given the opportunity to resubmit
their application.
VIII. Test Duration
The modified test will begin no earlier
than August 10, 2015 and will continue
until concluded by way of
announcement in the Federal Register.
At the conclusion of the test, an
evaluation will be conducted to assess
the effect that the PGA Message Set has
on expediting the submission of NHTSA
importation-related data elements and
the processing of NHTSA entries. The
final results of the 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)).
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IX. Comments
All interested parties are invited to
comment on any aspect of this test at
any time. CBP requests comments and
feedback on all aspects of this test,
including the design, conduct, and
implementation of the test, in order to
determine whether to modify, alter,
expand, limit, continue, end, or fully
implement this program.
X. Paperwork Reduction Act
The collections of information in this
test modification, DOT HS–7
Declaration Form and supporting
documents have been reviewed by OMB
in accordance with the requirements of
the Paperwork Reduction Act (44 U.S.C.
3507) under control number 2127–0002.
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.
XI. Confidentiality
Data submitted and entered into the
ACE Portal includes information that is
exempt or restricted from disclosure by
law, such as by the Trade Secrets Act
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(18 U.S.C. 1905). 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.
XII. Misconduct Under the Test
A test participant may be subject to
civil and criminal penalties,
administrative sanctions, liquidated
damages, and/or discontinuance from
participation in this test for any of the
following:
• Failure to follow the terms and
conditions of this test.
• Failure to exercise reasonable care
in the execution of participant
obligations.
• Failure to abide by applicable laws
and regulations that have not been
waived.
• Failure to deposit duties or fees in
a timely manner.
If the Director, Business
Transformation, ACE Business Office
(ABO), Office of International Trade
finds that there is a basis for
discontinuance of test participation
privileges, the test participant will be
provided a written notice proposing the
discontinuance with a description of the
facts or conduct warranting the action.
The test participant will be offered the
opportunity to appeal the Director’s
decision in writing within 10 calendar
days of receipt of the written notice. The
appeal must be submitted to Acting
Executive Director, ABO, Office of
International Trade by emailing
Deborah.Augustin@cbp.dhs.gov.
The Acting Executive Director will
issue a decision in writing on the
proposed action within 30 working days
after receiving a timely filed appeal
from the test participant. If no timely
appeal is received, the proposed notice
becomes the final decision of the
Agency as of the date that the appeal
period expires. A proposed
discontinuance of a test participant’s
privileges will not take effect unless the
appeal process under this paragraph has
been concluded with a written decision
adverse to the test participant.
In the case of willfulness or those in
which public health, interest, or safety
so requires, the Director, Business
Transformation, ABO, Office of
International Trade, may immediately
discontinue the test participant’s
privileges upon written notice to the test
participant. The notice will contain a
description of the facts or conduct
warranting the immediate action. The
test participant will be offered the
opportunity to appeal the Director’s
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47941
decision within 10 calendar days of
receipt of the written notice providing
for immediate discontinuance. The
appeal must be submitted to Acting
Executive Director, ABO, Office of
International Trade by emailing
Deborah.Augustin@cbp.dhs.gov. The
immediate discontinuance will remain
in effect during the appeal period. The
Executive Director will issue a decision
in writing on the discontinuance within
15 working days after receiving a timely
filed appeal from the test participant. If
no timely appeal is received, the notice
becomes the final decision of the
Agency as of the date that the appeal
period expires.
XIII. List of PGA Programs Accepting
Data Through the ACE PGA Message
Set Test
• Environmental Protection Agency
(EPA) Ozone Depleting Substances
(ODS) program data.
• EPA Vehicle and Engine (V&E)
program data.
• EPA Notice of Arrival of Pesticides
and Devices (NOA—EPA Form 3540–1)
data.
• U.S. Department of Agriculture
(USDA), Food Safety and Inspection
Service (FSIS), meat, poultry, and egg
products data.
• U.S. Department of Transportation
(DOT), National Highway Traffic Safety
Administration (NHTSA), motor vehicle
or motor vehicle equipment declaration
(DOT HS–7 Declaration) data.
More information regarding
requirements for PGA Information in
ACE and Methods for Submissions is
available on this Web site: https://
www.cbp.gov/trade/ace/features. Select
‘‘PGA Integration’’ tab and click
‘‘November 1 PGA Forms List.’’
XIV. 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).
E:\FR\FM\10AUN1.SGM
10AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
47942
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Notices
• 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).
• 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) Test 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
VerDate Sep<11>2014
18:16 Aug 07, 2015
Jkt 235001
(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 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, Identification of Principal on
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 NCAP Test
Concerning 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).
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
• 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).
Dated: August 4, 2015.
Brenda Smith,
Assistant Commissioner, Office of
International Trade.
[FR Doc. 2015–19532 Filed 8–7–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0109]
Agency Information Collection
Activities: Guam-CNMI Visa Waiver
Information
U.S. Customs and Border
Protection, Department of Homeland
Security
ACTION: 60-Day Notice and request for
comments; extension of an existing
collection of information.
AGENCY:
U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act: Guam-CNMI Visa
Waiver Information (CBP Form I–736).
CBP is proposing that this information
collection be extended with no change
to the burden hours or Information
collected. This document is published
to obtain comments from the public and
affected agencies.
DATES: Written comments should be
received on or before October 9, 2015 to
be assured of consideration.
ADDRESSES: Written comments may be
mailed to U.S. Customs and Border
Protection, Attn: Tracey Denning,
Regulations and Rulings, Office of
International Trade, 90 K Street NE.,
10th Floor, Washington, DC 20229–
1177.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Regulations and Rulings, Office of
International Trade, 90 K Street NE.,
10th Floor, Washington, DC 20229–
1177, at 202–325–0265.
E:\FR\FM\10AUN1.SGM
10AUN1
]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Pages 47938-47942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19532]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
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)
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces U.S. Customs and Border Protection's
(CBP's) plan to modify the National Customs Automation Program (NCAP)
test concerning the transmission of electronic filings through the
Automated Commercial Environment (ACE), known as the Partner Government
Agency (PGA) Message Set test. These modifications extend the current
PGA Message Set to cover entries arriving by ocean, truck, rail, and
air modes of transportation at CBP-designated ports and expands the use
of the ACE PGA Message Set for the transmission of U.S. Department of
Transportation, National Highway Traffic Safety Administration (NHTSA)
import data for entries of motor vehicles and motor vehicle equipment
items. CBP invites public comment concerning the test program.
DATES: The modified PGA Message Set test will commence no earlier than
August 10, 2015, and will continue until concluded by way of
announcement in the Federal Register. Comments will be accepted through
the duration of the test.
ADDRESSES: Comments concerning this notice and any aspect of this test
may be submitted at any time during the test via email to Josephine
Baiamonte, ACE Business Office (ABO), Office of International Trade at
josephine.baiamonte@cbp.dhs.gov. In the subject line of your email,
please indicate, ``Comment on NHTSA PGA Message Set Test FRN''.
FOR FURTHER INFORMATION CONTACT: For NHTSA-related PGA Message Set test
questions, interested parties should send an email message to Clint
Lindsay at Clint.Lindsay@dot.gov or Coleman Sachs at
Coleman.Sachs@dot.gov, and they should send a copy of that message to
their assigned CBP client representative. For technical questions
related to the Automated Commercial Environment (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 at
steven.j.zaccaro@cbp.dhs.gov with the subject heading ``PGA Message Set
NHTSA Test FRN-Request to Participate''.
SUPPLEMENTARY INFORMATION:
Background
This test notice, and the Customs related electronic functions it
describes, are part of 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, December 8, 1993) (Customs Modernization Act).
See 19 U.S.C. 1411. Through NCAP, the initial focus of customs
modernization was on trade compliance and the development of the
Automated Commercial Environment (ACE), the planned successor to the
legacy Customs Automated Commercial System (ACS). ACE is an automated
and electronic system for commercial trade processing. ACE will
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 its communities of interest. The ability to meet these
objectives depends upon 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 introduce a new capability or
to replace a specific legacy ACS function. Each release will begin with
a test, and will end with mandatory compliance with the new ACE
feature, thus retiring the legacy ACS function. Each release builds on
previous releases, and sets the foundation for subsequent releases.
On December 13, 2013, U.S. Customs and Border Protection (CBP)
published in the Federal Register a notice announcing a National
Customs
[[Page 47939]]
Automation Program (NCAP) test called the Partner Government Agency
(PGA) Message Set test. See 78 FR 75931. This test is in furtherance of
key CBP International Trade Data System (ITDS) initiatives, as provided
in the Security and Accountability For Every Port Act of 2006 (``SAFE
Port Act''), Pub. L. 109-347, 120 Stat. 1884 (19 U.S.C. 1411(d)), to
achieve the vision of ACE as the ``single window'' for the Government
and trade community. ACE will automate and enhance 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. The use of ACE to process trade data will significantly
increase efficiency and reduce costs compared to the traditional manual
method of processing of paper forms.
The PGA Message Set is the data required to satisfy the PGAs'
reporting requirements.
ACE will enable the trade community to submit trade-related data,
required by the PGAs, only once to CBP, thus improving communications
between agencies and filers, and shortening entry processing time. This
data must be submitted at any time prior to the arrival of the
merchandise on the conveyance transporting the cargo to the United
States as part of the ACE Cargo Release process. The data will be
validated and made available to the relevant PGAs involved in import,
export, and transportation-related decision making. The data will
satisfy the filer's obligation to make entry and will 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 manual processing of paper documents.
The December 2013 Federal Register notice announced that ACE would
be accepting certain PGA data elements for the Environmental Protection
Agency (EPA) and the U.S. Department of Agriculture, Food Safety and
Inspection Service (FSIS) for type ``01'' (consumption) and type ``11''
(informal) commercial entries filed at specified ports. The December
2013 Federal Register notice also provides additional background on the
NCAP and the International Trade Data System (ITDS). On February 4,
2015, CBP published the announcement that it had broadened the PGA
Message Set test to accept additional PGA data elements for the EPA,
for type ``01'' (consumption) and type ``11'' (informal) commercial
entries filed at specified ports. See 80 FR 6098.
For the convenience of the public, a chronological listing of
Federal Register publications detailing ACE test developments is set
forth below in Section XIV, entitled,
``Development of ACE Prototypes''. The procedures and criteria
related to participation in the previous ACE notices remain in effect
unless otherwise explicitly changed by this or subsequent notices
published in the Federal Register.
I. Authorization for the Test
The Customs Modernization Act provides the Commissioner of CBP with
authority to conduct limited test programs or procedures designed to
evaluate planned components of the NCAP. This test is authorized
pursuant to section 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.
II. Partner Government Agency Message Set for Four Transportation Modes
This document announces CBP's plan to expand the PGA Message Set to
allow submission of certain data, which PGAs require, for informal and
formal consumption entries arriving by air, ocean, rail, or truck mode
of transportation.
At this time, a limited number of ports will be accepting PGA
Message Set data. A list of those ports is provided on the following
Web site: https://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. Those ports will accept PGA Message Set data
for entries arriving by air, ocean, rail, or truck mode of
transportation.
CBP may expand this test to include additional ports in the future.
CBP may also expand the commodities that are within the scope of the
test, as indicated by the Harmonized Tariff Schedule (HTS) codes, on
the following Web site: https://www.cbp.gov/trade/ace/catair#field-content-tab-group-tab-4. Test participants should monitor the Web site
for updates to the list of ports accepting PGA Message Set data and the
list of HTS codes covered by the test.
III. The National Highway Traffic Safety Administration (NHTSA)
In addition, this document announces CBP's plan to expand the PGA
Message Set test to include electronic filings of the NHTSA PGA Message
Set for the importation of motor vehicles and motor vehicle equipment
items.
NHTSA is responsible for implementing and enforcing the National
Traffic and Motor Vehicle Safety Act of 1966, as amended, codified at
49 U.S.C. Chapter 301 (49 U.S.C. 30101 et seq.). Under its authority,
NHTSA issues and enforces the Federal motor vehicle safety standards
(``FMVSS''), which apply to motor vehicles and certain items of motor
vehicle equipment. Section 30112(a)(1) of Title 49 U.S.C. contains a
general prohibition on, among other things, importing into the United
States motor vehicles or motor vehicle equipment items that do not
comply with all applicable FMVSS and that are not covered by a
certification issued under 49 U.S.C. 30115. Under 49 CFR 591.5, any
person offering a motor vehicle or item of motor vehicle equipment for
importation into the United States must file a declaration. This
declaration is known as the DOT HS-7 Declaration Form. Under its
parallel regulation at 19 CFR 12.80, CBP requires that a declaration be
filed in duplicate for motor vehicles or motor vehicle equipment items.
In practice, importers or brokers file the HS-7 Declaration Form and
supporting documents for these products. The DOT HS-7 Declaration Form,
the form's supporting documents, and NHTSA's regulations require the
identification of parties associated with the entry of the products
that are presented for importation, as well as information on the
identity of imported motor vehicles and motor vehicle equipment items.
Importers of motor vehicles or motor vehicle equipment items are
required to file a HS-7 Declaration Form and supporting documents with
CBP at the time of making entry. Alternatively, importers may file the
HS-7 Declaration Form electronically via the Automated Broker Interface
(ABI) and present the HS-7 Declaration Form's supporting documents to
CBP at the time of entry. NHTSA staff may review the importer's entry
information and make a determination as to whether the shipment should
be released, detained, or refused. This may involve manual checking of
key information against NHTSA databases. The current process is costly
and inefficient because it relies on paper documents, and manual data
validation and error correction. The review process can take several
days during which more costs may be incurred for storage.
CBP is expanding the use of the PGA Message set to include the
electronic filing of NHTSA-regulated motor vehicles and motor vehicle
equipment items for type ``01'' (consumption) and type ``11''
(informal) commercial entries
[[Page 47940]]
filed at specified ports. The data elements to be filed electronically
through the PGA message set are those found in the current paper form
(DOT HS-7 Declaration Form), collectively the ``NHTSA Vehicle/Equipment
Information Collection.'' Supporting documents such as the DOT
conformance bond form (DOT HS-474) must be submitted electronically at
any time prior to the arrival of the merchandise on the conveyance
transporting the cargo to the United States via a CBP-approved
Electronic Data Interchange (EDI). In a notice published in the Federal
Register (79 FR 36083) on June 25, 2014, CBP set forth the rules for
filing submissions via DIS and a list of CBP and PGA forms that may be
submitted via DIS. Technical information regarding the use of DIS is
available at the following Web site: https://www.cbp.gov/trade/ace/features.
The technical requirements for submitting the NHTSA data elements
are set forth in the supplemental Customs and Trade Automated Interface
Requirements (CATAIR) guidelines for NHTSA. These technical
specifications, including the CATAIR chapters and applicable Harmonized
Tariff Schedule of the United States (HTSUS) codes, can be found at the
following link: https://www.cbp.gov/document/guidance/national-highway-traffic-safety-administration-nhtsa-pga-message-set-manual.
The NHTSA-required entry data will be filed electronically once
through the single window for use by both NHTSA and CBP, for pre-
arrival screening, using the PGA Message Set. This will eliminate
separate document filings for participating importers and as a result,
reduce the overall paperwork burden on the importer and the port
associated with these NHTSA-regulated shipments. It will also
significantly reduce the initial processing and review time for motor
vehicle and motor vehicle equipment item entries, provide consistency
of these reviews, and eliminate the costs of filing paper documents.
The electronic filing will also allow automated checks of certain
required information facilitating pre-arrival admissibility
verifications, thereby focusing CBP and NHTSA resources on shipments of
interest.
At this time, the test will include entries originating in the
ocean, truck, rail, and air environment. Upon acceptance into this
test, participants will be allowed to transmit the NHTSA data elements
for entries originating in the air, ocean, rail, and truck
environments, as specified in this notice. During this test,
participants will collaborate with CBP and NHTSA to examine the
effectiveness of the single window capability.
IV. Test Participant Responsibilities
PGA Message Set test participants will be required to:
Transmit the NHTSA Vehicle/Equipment Information
Collection with the ports that are accepting the ACE PGA Message Set
data. A current list of those ports is posted on the following Web
site: https://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
Transmit, when applicable, the NHTSA Vehicle/Equipment
Information Collection using the NHTSA PGA Message Set and the
supporting documents via DIS. This information must be electronically
transmitted to ACE using an ACE Entry Summary certified for cargo
release at any time prior to the arrival of the merchandise on the
conveyance transporting the cargo to the United States;
Transmit the NHTSA Vehicle/Equipment Information
Collection only as part of an ACE Entry Summary certified for cargo
release;
Transmit import filings to CBP via ABI in response to a
request for documentation or in response to a request for release
information for certified ACE Cargo Release;
Only transmit to CBP information that has been requested
by CBP or NHTSA;
Use a software program that has completed ACE
certification testing for the PGA Message Set; and
Take part in a CBP evaluation of this test.
Participants are reminded that they should only file documents that
CBP can accept electronically. The documents CBP can accept
electronically are listed under the Document Image System (DIS) tab of
the ACE Features page on the Web site https://www.cbp.gov/trade/ace/features, and, for participants using ABI, in the PGA Message Set part
of the CATAIR. When CBP cannot accept additional information
electronically, the filer must file the additional information by
paper. See 78 FR 75931 at 75934-35 (December 13, 2013), for information
on Confidentiality (Section XIII) and Misconduct under the PGA Message
Set Test (Section XIV).
V. Waiver of Regulation Under the Test
For purposes of this test, 19 CFR 12.80 will be waived for test
participants only insofar as eliminating any requirement that may
appear in these regulations to file a paper version of the DOT HS-7
Declaration Form or its supporting documents. In its place, test
participants are required to transmit electronically the data elements
contained in the DOT HS-7 Declaration Form via the PGA Message Set and
the HS-7 Declaration Form's supporting documents via DIS. This document
does not waive any recordkeeping requirements found in part 163 of
title 19 of the CFR (19 CFR part 163) and the Appendix to part 163
(commonly known as the ``(a)(1)(A) list'').
VI. Eligibility Criteria
As announced in this notice, the use of the PGA Message Set test is
expanding to accept DOT HS-7 Declaration Form data elements, also known
as the NHTSA Vehicle/Equipment Information Collection, and supporting
documents. All other eligibility criteria as specified in prior PGA
Message Set test notices remain the same. To be eligible to apply for
this modification of the PGA data message set test, the applicant must:
Be a self-filing importer who has the ability to file ACE
Entry Summaries certified for cargo release or a broker who has the
ability to file ACE Entry Summaries certified for cargo release; and
File entries for NHTSA-regulated commodities that are the
subject of this test at the ports that are accepting PGA Message Set
data.
CBP will accept an unlimited number of participants for the test.
Test applicants must meet the eligibility criteria described in this
document to participate in the test program.
VII. Application Process
Any party seeking to participate in the modified PGA Message Set
test concerning NHTSA data should send an email message to Clint
Lindsay at Clint.Lindsay@dot.gov or Coleman Sachs at
Coleman.Sachs@dot.gov to request participation in the modified test.
They should send a copy of that request also to their CBP Client
Representative, ACE Business Office (ABO), Office of International
Trade. Interested parties without an assigned client representative
should submit an email to Steven Zaccaro at
steven.j.zaccaro@cbp.dhs.gov with the subject heading ``PGA Message Set
NHTSA Test FRN-Request to Participate''.
Emails sent to the CBP client representative or to Steven Zaccaro
must include the applicant's filer code and the port(s) at which they
are interested in filing the appropriate PGA Message Set information.
At this time, PGA Message Set data may be submitted only for
entries filed
[[Page 47941]]
at certain ports. A current listing of those ports may be found on the
following Web site: https://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
Client representatives will work with test participants to provide
information regarding the transmission of this data. CBP will begin to
accept applications on August 10, 2015 and will continue to accept
applications throughout the duration of the test. CBP will notify the
selected applicants by email 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 email and
given the opportunity to resubmit their application.
VIII. Test Duration
The modified test will begin no earlier than August 10, 2015 and
will continue until concluded by way of announcement in the Federal
Register. At the conclusion of the test, an evaluation will be
conducted to assess the effect that the PGA Message Set has on
expediting the submission of NHTSA importation-related data elements
and the processing of NHTSA entries. The final results of the
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)).
IX. Comments
All interested parties are invited to comment on any aspect of this
test at any time. CBP requests comments and feedback on all aspects of
this test, including the design, conduct, and implementation of the
test, in order to determine whether to modify, alter, expand, limit,
continue, end, or fully implement this program.
X. Paperwork Reduction Act
The collections of information in this test modification, DOT HS-7
Declaration Form and supporting documents have been reviewed by OMB in
accordance with the requirements of the Paperwork Reduction Act (44
U.S.C. 3507) under control number 2127-0002. 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.
XI. Confidentiality
Data submitted and entered into the ACE Portal includes information
that is exempt or restricted from disclosure by law, such as by the
Trade Secrets Act (18 U.S.C. 1905). 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.
XII. Misconduct Under the Test
A test participant may be subject to civil and criminal penalties,
administrative sanctions, liquidated damages, and/or discontinuance
from participation in this test for any of the following:
Failure to follow the terms and conditions of this test.
Failure to exercise reasonable care in the execution of
participant obligations.
Failure to abide by applicable laws and regulations that
have not been waived.
Failure to deposit duties or fees in a timely manner.
If the Director, Business Transformation, ACE Business Office
(ABO), Office of International Trade finds that there is a basis for
discontinuance of test participation privileges, the test participant
will be provided a written notice proposing the discontinuance with a
description of the facts or conduct warranting the action. The test
participant will be offered the opportunity to appeal the Director's
decision in writing within 10 calendar days of receipt of the written
notice. The appeal must be submitted to Acting Executive Director, ABO,
Office of International Trade by emailing Deborah.Augustin@cbp.dhs.gov.
The Acting Executive Director will issue a decision in writing on
the proposed action within 30 working days after receiving a timely
filed appeal from the test participant. If no timely appeal is
received, the proposed notice becomes the final decision of the Agency
as of the date that the appeal period expires. A proposed
discontinuance of a test participant's privileges will not take effect
unless the appeal process under this paragraph has been concluded with
a written decision adverse to the test participant.
In the case of willfulness or those in which public health,
interest, or safety so requires, the Director, Business Transformation,
ABO, Office of International Trade, may immediately discontinue the
test participant's privileges upon written notice to the test
participant. The notice will contain a description of the facts or
conduct warranting the immediate action. The test participant will be
offered the opportunity to appeal the Director's decision within 10
calendar days of receipt of the written notice providing for immediate
discontinuance. The appeal must be submitted to Acting Executive
Director, ABO, Office of International Trade by emailing
Deborah.Augustin@cbp.dhs.gov. The immediate discontinuance will remain
in effect during the appeal period. The Executive Director will issue a
decision in writing on the discontinuance within 15 working days after
receiving a timely filed appeal from the test participant. If no timely
appeal is received, the notice becomes the final decision of the Agency
as of the date that the appeal period expires.
XIII. List of PGA Programs Accepting Data Through the ACE PGA Message
Set Test
Environmental Protection Agency (EPA) Ozone Depleting
Substances (ODS) program data.
EPA Vehicle and Engine (V&E) program data.
EPA Notice of Arrival of Pesticides and Devices (NOA--EPA
Form 3540-1) data.
U.S. Department of Agriculture (USDA), Food Safety and
Inspection Service (FSIS), meat, poultry, and egg products data.
U.S. Department of Transportation (DOT), National Highway
Traffic Safety Administration (NHTSA), motor vehicle or motor vehicle
equipment declaration (DOT HS-7 Declaration) data.
More information regarding requirements for PGA Information in ACE
and Methods for Submissions is available on this Web site: https://www.cbp.gov/trade/ace/features. Select ``PGA Integration'' tab and
click ``November 1 PGA Forms List.''
XIV. 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).
[[Page 47942]]
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).
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) Test 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 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,
Identification of Principal on 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 NCAP Test Concerning 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).
Dated: August 4, 2015.
Brenda Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-19532 Filed 8-7-15; 8:45 am]
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