Announcement of National Customs Automation Program (NCAP) Test Concerning the Submission Through the Automated Commercial Environment (ACE) of Certain Import Data and Documents Required by the U.S. Fish and Wildlife Service, 27149-27153 [2016-10522]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices Contact Person: Ai-Ping Zou, MD, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4118, MSC 7814, Bethesda, MD 20892, 301–408– 9497, zouai@csr.nih.gov. Name of Committee: Surgical Sciences, Biomedical Imaging and Bioengineering Integrated Review Group; Bioengineering, Technology and Surgical Sciences Study Section. Date: June 6–7, 2016. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications Place: Sheraton Fisherman’s Wharf Hotel, 2500 Mason Street, San Francisco, CA 94133. Contact Person: Khalid Masood, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5120, MSC 7854, Bethesda, MD 20892, 301–435– 2392, masoodk@csr.nih.gov. Name of Committee: Brain Disorders and Clinical Neuroscience Integrated Review Group; Aging Systems and Geriatrics Study Section.. Date: June 6–7, 2016. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015. Contact Person: Inese Z Beitins, MD., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6152, MSC 7892, Bethesda, MD 20892, 301–435– 1034, beitinsi@csr.nih.gov. Name of Committee: Center for Scientific Review Special Emphasis Panel, Fellowships: Learning, Memory, Language, Communication and Related Neurosciences. Date: June 6, 2016. Time: 8:00 a.m. to 7:00 p.m. Agenda: To review and evaluate grant applications. Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015. Contact Person: Mary G Schueler, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5214, MSC 7846, Bethesda, MD 20892, 301–915– 6301, marygs@csr.nih.gov. Name of Committee: Risk, Prevention and Health Behavior Integrated Review Group; Addiction Risks and Mechanisms Study Section. Date: June 6–7, 2016. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: Hotel Monaco Baltimore, 2 North Charles Street, Baltimore, MD 21201. Contact Person: Kristen Prentice, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3112, MSC 7808, Bethesda, MD 20892, (301) 496– 0726, prenticekj@mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: April 29, 2016. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. 2016–10465 Filed 5–4–16; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Announcement of National Customs Automation Program (NCAP) Test Concerning the Submission Through the Automated Commercial Environment (ACE) of Certain Import Data and Documents Required by the U.S. Fish and Wildlife Service 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) plan, developed in consultation with the U.S. Fish and Wildlife Service (FWS), to conduct a National Customs Automation Program (NCAP) test concerning the electronic transmission of certain import data and documents for commodities regulated by FWS. Under this test, the data or documents will be transmitted electronically through CBP’s Document Image System (DIS) or CBP’s Automated Broker Interface (ABI) system using the Partner Government Agency (PGA) Message Set, for processing in CBP’s Automated Commercial Environment (ACE). DATES: The FWS PGA Message Set test will begin no earlier than May 1, 2016. This test will continue until concluded by way of announcement in the Federal Register. Public comments are invited and will be accepted through the duration of the test pilot. 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 FWS PGA Message Set Test FRN.’’ FOR FUTHER INFORMATION CONTACT: For PGA-related questions, contact Elizabeth McQueen at elizabeth.mcqueen@cbp.dhs.gov. For SUMMARY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 27149 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 FWS Test FRN-Request to Participate.’’ For FWS-related questions, contact Tamesha Woulard, Senior Wildlife Inspector, Office of Law Enforcement (Headquarters), U.S. Fish and Wildlife Service, at Tamesha_Woulard@fws.gov. SUPPLEMENTARY INFORMATION: I. Background The National Customs Automation Program (NCAP) was established in Subtitle B of Title VI—Customs Modernization (‘‘Customs Modernization Act’’), in the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057, Dec. 8. 1993) (19 U.S.C. 1411). Through NCAP, the thrust of customs modernization has been on trade compliance and the development of the Automated Commercial Environment (ACE), the planned successor Electronic Data Interchange (EDI) system to the Automated Commercial System (ACS). ACE is an automated and electronic system for processing commercial trade data. ACE 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 U.S. Customs and Border Protection (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. The Automated Broker Interface (ABI) is the EDI that enables members of the trade community to file electronically required import data with CBP and transfer that data to ACE. For the convenience of the public, a chronological listing of Federal Register publications detailing ACE test developments is set forth below in Section XV, entitled, ‘‘Development of ACE Prototypes.’’ The procedures and criteria related to participation in the prior ACE test pilots remain in effect unless otherwise explicitly changed by this or subsequent notices published in the Federal Register. II. Authorization for the Test The Customs Modernization Act provisions provide the Commissioner of E:\FR\FM\05MYN1.SGM 05MYN1 27150 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices CBP with authority to conduct limited test programs or procedures designed to evaluate planned components of the NCAP. The test described in this notice is authorized pursuant to § 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, 60 FR 14211 (March 16, 1995). mstockstill on DSK3G9T082PROD with NOTICES III. International Trade Data System (ITDS) and ACE This test is in furtherance of the International Trade Data System (ITDS) key initiatives, set forth in section 405 of the Security and Accountability for Every Port Act of 2006 (‘‘SAFE Port Act’’)(Sec. 405, Pub. L. 109–347, 120 Stat. 1884, Oct. 13, 2006) (19 U.S.C. 1411(d)), to achieve the vision of ACE as the ‘‘single window’’ for the U.S. government and trade community. The purpose of ITDS, as stated in section 405 of the SAFE Port Act, is to eliminate redundant information requirements, efficiently regulate the flow of commerce, and effectively enforce laws and regulations relating to international trade, by establishing a single portal system, operated by CBP, for the collection and distribution of standard electronic import and export data required by all participating Federal agencies. CBP is developing ACE as the ‘‘single window’’ for the trade community to transmit electronically all required information related to the merchandise that is imported or exported and to comply with the ITDS requirement established by the SAFE Port Act. On October 13, 2015, CBP promulgated regulations providing that, as of November 1, 2015, ACE is a CBP authorized EDI system which may be used for the filing of entries and entry summaries. See 80 FR 61278 (October 13, 2015). Executive Order 13659, Streamlining the Export/Import Process for America’s Businesses, 79 FR 10657 (February 25, 2014), requires that by December 31, 2016, ACE, as the ITDS ‘‘single window,’’ have the operational capabilities to serve as the primary means of receiving from users the standard set of data and other relevant documentation (exclusive of applications for permits, licenses, or certifications) required for the release of imported cargo and clearance of cargo for export, and to transition from most paper-based requirements and procedures to faster and more costeffective electronic submissions to, and communications with, U.S. government agencies. VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 IV. Partner Government Agency (PGA) Message Set and Document Image System (DIS) On December 13, 2013, CBP published in the Federal Register a notice announcing an NCAP test called the Partner Government Agency (PGA) Message Set test. See 78 FR 75931 (December 13, 2013). The PGA Message Set is the data needed to satisfy the PGA reporting requirements. ACE enables the message set by acting as the ‘‘single window’’ for the electronic transmission to CBP of trade-related data required by the PGAs. After validation, the data will be made available to the relevant PGAs involved in regulating the importation of the merchandise. The data will be used to fulfill merchandise entry requirements and may 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 handling of most paper documents. On April 6, 2012, CBP announced the Document Image System (DIS) test (77 FR 20835) allowing any party who files an ACE entry/cargo release or ACE Entry Summary certified for cargo release to submit electronically digital copies of specified CBP and PGA forms and documents via a CBP-approved EDI (ABI). On October 15, 2015, CBP announced it would permit any DISeligible form or document to be submitted as an attachment to an email. See 80 FR 62082. As CBP frequently updates the list of forms and documents eligible to be transmitted using DIS, the complete list will be maintained on the CBP Web site, at the following address: http://www.cbp.gov/trade/ace/features under the DIS tab. Only eligible documents and forms required for the release of merchandise or requested by CBP should be transmitted using DIS. Forms and documents transmitted using DIS may be transmitted without a prior request from CBP or the relevant PGA. ACE will automatically acknowledge every successful DIS transmission. This automated acknowledgement of successful transmission does not mean the correct or required form or document was transmitted as it occurs prior to any review of the transmitted form or document. Any form or document submitted via DIS is an electronic copy of an original document or form and both the original and the imaged copy are subject to the recordkeeping requirements of 19 CFR part 163 and any other applicable PGA recordkeeping requirements. Every form or document transmitted through DIS PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 must be legible and must be a complete, accurate, and unaltered copy of the original document. For more information and the rules, procedures, technical requirements and terms and conditions applicable to the DIS, please see the DIS Federal Register notice at 80 FR 62082 (October 15, 2015). V. The U.S. Fish and Wildlife Service PGA Message Set and DIS Test The U.S. Fish and Wildlife Service (FWS) is authorized by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.), to regulate and collect information on the importation and exportation of wildlife. Under the applicable FWS regulations, the importation of wildlife and commodities containing wildlife into the customs territory of the United States typically requires the submission of a ‘‘Declaration for Importation or Exportation of Fish or Wildlife’’ (‘‘Declaration’’) (FWS Form 3–177), as well as any required original permits or certificates and copies of any other documents required under the FWS regulations (see 50 CFR part 14). This notice announces CBP’s plan to conduct a test concerning the electronic transmission of the data contained in the Declaration to ACE using the PGA Message Set and the transmission of documents via DIS. FWS currently uses its own Internet-based filing system for the electronic submission of the Declaration and accompanying documents. This system is known as ‘‘eDecs.’’ Under this test, ACE will replace eDecs for those test participants filing entries under the auspices of this test. As part of the test, ACE will be used to receive the data contained in the Declaration using the PGA Message Set and DIS will be used for the accompanying documents. ACE will send the data and electronic documents to FWS for processing. Consequently, test participants must use ACE rather than eDecs to electronically transmit the data in the Declaration and any documents normally transmitted through eDecs. This new FWS PGA Message Set and DIS capability will satisfy the FWS data and electronic document requirements for any CBP entry filed electronically in ACE, except original ‘‘Convention on International Trade in Endangered Species of Wild Fauna and Fauna’’ (‘‘CITES’’) and foreign-law paper documents, which will continue to be submitted directly to the FWS office at the applicable port. This new capability will also enable the trade community to have a CBP-managed ‘‘single window’’ for the submission of data and electronic documents required by the E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices FWS during the cargo importation and review process. The technical requirements for submitting FWS data elements are set forth in the supplemental Customs and Trade Automated Interface Requirements (CATAIR) guidelines for the FWS. These technical requirements, including the ACE CATAIR chapter, may be found at the following link: http://www.cbp.gov/ trade/ace/catair. The list of forms and documents, including FWS documents, which may be transmitted using DIS may be found at http://www.cbp.gov/trade/ace/ features under the DIS tab. The FWS documents eligible to be transmitted using DIS include the documents associated with commodities regulated by FWS (e.g., invoices, packing lists, and bills of lading); commodity specific documents (i.e., health certificates, wildlife inventories, skin tag or tattoo lists, and caviar labeling information); transportation-related documents; and copies of other agency documents that are currently uploaded directly into eDecs. For the test participants, this test will apply to all entries filed in ACE. Entries filed in ACE with the PGA Message Set must be transmitted using a software program that has completed ACE certification testing. This test will apply to all commodities and articles regulated by FWS that require a CBP entry for consumption. Test participants may not use this test for FWS-regulated commodities that do not require a CBP entry for consumption, such as goods admitted into a foreign trade zone or other areas of U.S. jurisdiction considered outside the customs territory of the United States for tariff and entry purposes; international mail; or articles in the possession of passengers arriving into the United States. Participants should continue to file directly with the FWS for such shipments of FWSregulated commodities. This test applies to all modes of cargo transportation, and it is limited to the ports of entry where FWS-regulated commodities may be imported. A list of the ports that may be used to enter FWS-regulated commodities under this test may be found at the following link: http:// www.fws.gov/le/inspection-offices.html. FWS port requirements still apply during this test, including the requirement for prior authorization to use a port other than a designated FWS port. VI. Test Participant Responsibilities Test participants will be required to: (1) Transmit the Declaration data electronically to ACE, when filing an entry in ACE, using the PGA Message VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 Set data procedures, at any time prior to the arrival of the merchandise on the conveyance transporting the cargo to the United States; (2) Refrain from filing the Declaration data or documents in eDecs when transmitting it to ACE; (3) Transmit required permits or documents using DIS; (4) Submit original CITES and foreignlaw paper documents directly to the FWS office at the applicable port; (5) Use a software program that has completed ACE certification testing for the PGA Message Set; and (6) Take part in a CBP–FWS evaluation of this test. VII. 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 test participants only. See 19 CFR 101.9(b). This document does not waive any recordkeeping requirements found in part 163 of title 19 of the Code of Federal Regulations (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. VIII. 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 for FWSregulated commodities; and (3) Have an FWS eDecs filer account that contains the CBP filer code. Test participants must meet all the eligibility criteria described in this document in order to participate in the test program. IX. Application Process Any party seeking to participate in the FWS PGA Message Set and DIS test should email its CBP Client Representative, ACE Business Office (ABO), Office of International Trade with the subject heading ‘‘Request to Participate in the FWS PGA Message Test.’’ Interested parties without an assigned client representative should submit an email message to Steven Zaccaro at steven.j.zaccaro@cbp.dhs.gov with the subject heading ‘‘PGA Message Set FWS Test FRN—Request to Participate.’’ PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 27151 Email messages sent to the CBP client representative or Steven Zaccaro must include the applicant’s filer code; the commodities the applicant intends to import; and the intended ports of arrival. Client representatives will work with test participants to provide information regarding the transmission of this data. CBP will begin to accept applications upon the date of publication of this notice and will continue to accept applications throughout the duration of the test. CBP 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 its application. There is no limit on the number of participants. X. Test Duration The initial phase of the pilot test will begin no earlier than May 1, 2016. At the conclusion of the test pilot, an evaluation will be conducted to assess the effect that the FWS PGA Message 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 and the Customs Bulletin as required by § 101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)). Any modification of this test or future expansion of ACE will be announced via a separate Federal Register notice. XI. 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. XII. 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. E:\FR\FM\05MYN1.SGM 05MYN1 27152 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices XIII. Confidentiality All data submitted and entered into ACE may be subject to the Trade Secrets Act (18 U.S.C. 1905) and is considered confidential by CBP, except to the extent as otherwise provided by law. The Electronic Export Information (EEI) is also subject to the confidentiality provisions of 15 CFR 30.60. As stated in previous notices, participation in these 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. mstockstill on DSK3G9T082PROD with NOTICES XIV. Misconduct Under the Test A test participant may be subject to civil and criminal penalties, administrative sanctions, liquidated damages, or discontinuance from participation in this test for any of the following: (1) Failure to follow the terms and conditions of this test; (2) Failure to exercise reasonable care in the execution of participant obligations; (3) Failure to abide by applicable laws and regulations that have not been waived; or (4) 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 ten (10) calendar days of receipt of the written notice. The appeal must be submitted to Executive Director, ABO, Office of International Trade, by emailing Deborah.Augustin@cbp.dhs.gov. The Executive Director will issue a decision in writing on the proposed action within thirty (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 instances of willfulness or those in which public health, interest, or safety so requires, the Director, Business VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 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 ten (10) calendar days of receipt of the written notice providing for immediate discontinuance. The appeal must be submitted to 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 fifteen (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. XV. Developments 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). • 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). PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 • 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) Tests 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 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 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 (ACE) 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 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 National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (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). • 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 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 (NHTSA): 80 FR 47938 (August 10, 2015). • ACE Export Manifest for Vessel Cargo Test: 80 FR 50644 (August 20, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning the Submission of Certain Data Required by the Food and Drug Administration (FDA) Using the Partner Government Agency (PGA) Message Set Through the Automated Commercial Environment (ACE): 80 FR 52051 (August 27, 2015). • ACE Export Manifest for Rail Cargo Test: 80 FR 54305 (September 9, 2015). • Automated Commercial Environment (ACE) Fillings for Electronic Entry/Entry Summary (Cargo Release and Related Entry): 80 FR 61278 (October 13, 2015). • Modification of the National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Document Image System (DIS) Regarding Future Updates and New Method of Submission of Accepted Documents: 80 FR 62082 (October 15, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning Automated Commercial Environment (ACE) Cargo Release Test for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 63576 (October 20, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Portal Account Test to Establish the Exporter Portal Account: 80 FR 63817 (October 21, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning Automated Customs Environment (ACE) Entry Summary, Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 and 52 and Certain Modes of Transportation: 80 FR 63815 (October 21, 2015). • Modification of National Customs Automation Program (NCAP) Test Concerning the Automated Commercial Environment (ACE) Partner Government Agency (PGA) Message Set Regarding the Toxic Substances Control Act (TSCA) Certification Required by the Environmental Protection Agency (EPA): 81 FR 7133 (February 10, 2016). • Modification of the National Customs Automation Program (NCAP); Test Concerning the Partner Government Agency Message Set for Certain Data Required by the Environmental Protection Agency (EPA): 81 FR 13399 (March 14, 2016). PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 27153 Dated: April 29, 2016. Cynthia F. Whittenburg, Acting Deputy Executive Assistant Commissioner, Office of Trade. [FR Doc. 2016–10522 Filed 5–4–16; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA–1998– DR; Docket ID FEMA–2016–0001] Iowa; Amendment No. 4 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: This notice amends the notice of a major disaster for the State of Iowa (FEMA–1998–DR), dated June 27, 2011, and related determinations. DATES: Effective April 19, 2016. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated April 19, 2016, the President amended the cost-sharing arrangements regarding Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), in a letter to W. Craig Fugate, Administrator, Federal Emergency Management Agency, Department of Homeland Security, under Executive Order 12148, as follows: SUMMARY: I have determined that the damage in the Omaha Indian Reservation resulting from flooding during the period of May 25 to August 1, 2011, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’). Therefore, I amend my declaration of June 27, 2011, to authorize Federal funds for all categories of Public Assistance at 90 percent of total eligible costs for the Omaha Tribe of Nebraska and Iowa. This adjustment to local cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under the law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27149-27153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10522]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Announcement of National Customs Automation Program (NCAP) Test 
Concerning the Submission Through the Automated Commercial Environment 
(ACE) of Certain Import Data and Documents Required by the U.S. Fish 
and Wildlife Service

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) plan, developed in consultation with the U.S. Fish and Wildlife 
Service (FWS), to conduct a National Customs Automation Program (NCAP) 
test concerning the electronic transmission of certain import data and 
documents for commodities regulated by FWS. Under this test, the data 
or documents will be transmitted electronically through CBP's Document 
Image System (DIS) or CBP's Automated Broker Interface (ABI) system 
using the Partner Government Agency (PGA) Message Set, for processing 
in CBP's Automated Commercial Environment (ACE).

DATES: The FWS PGA Message Set test will begin no earlier than May 1, 
2016. This test will continue until concluded by way of announcement in 
the Federal Register. Public comments are invited and will be accepted 
through the duration of the test pilot.

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 FWS PGA Message Set Test FRN.''

FOR FUTHER INFORMATION CONTACT: For PGA-related questions, contact 
Elizabeth McQueen at elizabeth.mcqueen@cbp.dhs.gov. 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 
FWS Test FRN-Request to Participate.'' For FWS-related questions, 
contact Tamesha Woulard, Senior Wildlife Inspector, Office of Law 
Enforcement (Headquarters), U.S. Fish and Wildlife Service, at 
Tamesha_Woulard@fws.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Customs Automation Program (NCAP) was established in 
Subtitle B of Title VI--Customs Modernization (``Customs Modernization 
Act''), in the North American Free Trade Agreement Implementation Act 
(Pub. L. 103-182, 107 Stat. 2057, Dec. 8. 1993) (19 U.S.C. 1411). 
Through NCAP, the thrust of customs modernization has been on trade 
compliance and the development of the Automated Commercial Environment 
(ACE), the planned successor Electronic Data Interchange (EDI) system 
to the Automated Commercial System (ACS). ACE is an automated and 
electronic system for processing commercial trade data. ACE 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 U.S. Customs and Border Protection (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. The Automated Broker 
Interface (ABI) is the EDI that enables members of the trade community 
to file electronically required import data with CBP and transfer that 
data to ACE.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XV, entitled, ``Development of ACE Prototypes.'' 
The procedures and criteria related to participation in the prior ACE 
test pilots remain in effect unless otherwise explicitly changed by 
this or subsequent notices published in the Federal Register.

II. Authorization for the Test

    The Customs Modernization Act provisions provide the Commissioner 
of

[[Page 27150]]

CBP with authority to conduct limited test programs or procedures 
designed to evaluate planned components of the NCAP. The test described 
in this notice is authorized pursuant to Sec.  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, 60 FR 14211 (March 16, 1995).

III. International Trade Data System (ITDS) and ACE

    This test is in furtherance of the International Trade Data System 
(ITDS) key initiatives, set forth in section 405 of the Security and 
Accountability for Every Port Act of 2006 (``SAFE Port Act'')(Sec. 405, 
Pub. L. 109-347, 120 Stat. 1884, Oct. 13, 2006) (19 U.S.C. 1411(d)), to 
achieve the vision of ACE as the ``single window'' for the U.S. 
government and trade community. The purpose of ITDS, as stated in 
section 405 of the SAFE Port Act, is to eliminate redundant information 
requirements, efficiently regulate the flow of commerce, and 
effectively enforce laws and regulations relating to international 
trade, by establishing a single portal system, operated by CBP, for the 
collection and distribution of standard electronic import and export 
data required by all participating Federal agencies. CBP is developing 
ACE as the ``single window'' for the trade community to transmit 
electronically all required information related to the merchandise that 
is imported or exported and to comply with the ITDS requirement 
established by the SAFE Port Act. On October 13, 2015, CBP promulgated 
regulations providing that, as of November 1, 2015, ACE is a CBP 
authorized EDI system which may be used for the filing of entries and 
entry summaries. See 80 FR 61278 (October 13, 2015).
    Executive Order 13659, Streamlining the Export/Import Process for 
America's Businesses, 79 FR 10657 (February 25, 2014), requires that by 
December 31, 2016, ACE, as the ITDS ``single window,'' have the 
operational capabilities to serve as the primary means of receiving 
from users the standard set of data and other relevant documentation 
(exclusive of applications for permits, licenses, or certifications) 
required for the release of imported cargo and clearance of cargo for 
export, and to transition from most paper-based requirements and 
procedures to faster and more cost-effective electronic submissions to, 
and communications with, U.S. government agencies.

IV. Partner Government Agency (PGA) Message Set and Document Image 
System (DIS)

    On December 13, 2013, CBP published in the Federal Register a 
notice announcing an NCAP test called the Partner Government Agency 
(PGA) Message Set test. See 78 FR 75931 (December 13, 2013). The PGA 
Message Set is the data needed to satisfy the PGA reporting 
requirements. ACE enables the message set by acting as the ``single 
window'' for the electronic transmission to CBP of trade-related data 
required by the PGAs. After validation, the data will be made available 
to the relevant PGAs involved in regulating the importation of the 
merchandise. The data will be used to fulfill merchandise entry 
requirements and may 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 handling of 
most paper documents.
    On April 6, 2012, CBP announced the Document Image System (DIS) 
test (77 FR 20835) allowing any party who files an ACE entry/cargo 
release or ACE Entry Summary certified for cargo release to submit 
electronically digital copies of specified CBP and PGA forms and 
documents via a CBP-approved EDI (ABI). On October 15, 2015, CBP 
announced it would permit any DIS-eligible form or document to be 
submitted as an attachment to an email. See 80 FR 62082. As CBP 
frequently updates the list of forms and documents eligible to be 
transmitted using DIS, the complete list will be maintained on the CBP 
Web site, at the following address: http://www.cbp.gov/trade/ace/features under the DIS tab. Only eligible documents and forms required 
for the release of merchandise or requested by CBP should be 
transmitted using DIS. Forms and documents transmitted using DIS may be 
transmitted without a prior request from CBP or the relevant PGA. ACE 
will automatically acknowledge every successful DIS transmission. This 
automated acknowledgement of successful transmission does not mean the 
correct or required form or document was transmitted as it occurs prior 
to any review of the transmitted form or document. Any form or document 
submitted via DIS is an electronic copy of an original document or form 
and both the original and the imaged copy are subject to the 
recordkeeping requirements of 19 CFR part 163 and any other applicable 
PGA recordkeeping requirements. Every form or document transmitted 
through DIS must be legible and must be a complete, accurate, and 
unaltered copy of the original document. For more information and the 
rules, procedures, technical requirements and terms and conditions 
applicable to the DIS, please see the DIS Federal Register notice at 80 
FR 62082 (October 15, 2015).

V. The U.S. Fish and Wildlife Service PGA Message Set and DIS Test

    The U.S. Fish and Wildlife Service (FWS) is authorized by the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.), 
to regulate and collect information on the importation and exportation 
of wildlife. Under the applicable FWS regulations, the importation of 
wildlife and commodities containing wildlife into the customs territory 
of the United States typically requires the submission of a 
``Declaration for Importation or Exportation of Fish or Wildlife'' 
(``Declaration'') (FWS Form 3-177), as well as any required original 
permits or certificates and copies of any other documents required 
under the FWS regulations (see 50 CFR part 14).
    This notice announces CBP's plan to conduct a test concerning the 
electronic transmission of the data contained in the Declaration to ACE 
using the PGA Message Set and the transmission of documents via DIS. 
FWS currently uses its own Internet-based filing system for the 
electronic submission of the Declaration and accompanying documents. 
This system is known as ``eDecs.'' Under this test, ACE will replace 
eDecs for those test participants filing entries under the auspices of 
this test. As part of the test, ACE will be used to receive the data 
contained in the Declaration using the PGA Message Set and DIS will be 
used for the accompanying documents. ACE will send the data and 
electronic documents to FWS for processing. Consequently, test 
participants must use ACE rather than eDecs to electronically transmit 
the data in the Declaration and any documents normally transmitted 
through eDecs.
    This new FWS PGA Message Set and DIS capability will satisfy the 
FWS data and electronic document requirements for any CBP entry filed 
electronically in ACE, except original ``Convention on International 
Trade in Endangered Species of Wild Fauna and Fauna'' (``CITES'') and 
foreign-law paper documents, which will continue to be submitted 
directly to the FWS office at the applicable port. This new capability 
will also enable the trade community to have a CBP-managed ``single 
window'' for the submission of data and electronic documents required 
by the

[[Page 27151]]

FWS during the cargo importation and review process. The technical 
requirements for submitting FWS data elements are set forth in the 
supplemental Customs and Trade Automated Interface Requirements 
(CATAIR) guidelines for the FWS. These technical requirements, 
including the ACE CATAIR chapter, may be found at the following link: 
http://www.cbp.gov/trade/ace/catair.
    The list of forms and documents, including FWS documents, which may 
be transmitted using DIS may be found at http://www.cbp.gov/trade/ace/features under the DIS tab. The FWS documents eligible to be 
transmitted using DIS include the documents associated with commodities 
regulated by FWS (e.g., invoices, packing lists, and bills of lading); 
commodity specific documents (i.e., health certificates, wildlife 
inventories, skin tag or tattoo lists, and caviar labeling 
information); transportation-related documents; and copies of other 
agency documents that are currently uploaded directly into eDecs.
    For the test participants, this test will apply to all entries 
filed in ACE. Entries filed in ACE with the PGA Message Set must be 
transmitted using a software program that has completed ACE 
certification testing. This test will apply to all commodities and 
articles regulated by FWS that require a CBP entry for consumption. 
Test participants may not use this test for FWS-regulated commodities 
that do not require a CBP entry for consumption, such as goods admitted 
into a foreign trade zone or other areas of U.S. jurisdiction 
considered outside the customs territory of the United States for 
tariff and entry purposes; international mail; or articles in the 
possession of passengers arriving into the United States. Participants 
should continue to file directly with the FWS for such shipments of 
FWS-regulated commodities. This test applies to all modes of cargo 
transportation, and it is limited to the ports of entry where FWS-
regulated commodities may be imported. A list of the ports that may be 
used to enter FWS-regulated commodities under this test may be found at 
the following link: http://www.fws.gov/le/inspection-offices.html. FWS 
port requirements still apply during this test, including the 
requirement for prior authorization to use a port other than a 
designated FWS port.

VI. Test Participant Responsibilities

    Test participants will be required to:
    (1) Transmit the Declaration data electronically to ACE, when 
filing an entry in ACE, using the PGA Message Set data procedures, at 
any time prior to the arrival of the merchandise on the conveyance 
transporting the cargo to the United States;
    (2) Refrain from filing the Declaration data or documents in eDecs 
when transmitting it to ACE;
    (3) Transmit required permits or documents using DIS;
    (4) Submit original CITES and foreign-law paper documents directly 
to the FWS office at the applicable port;
    (5) Use a software program that has completed ACE certification 
testing for the PGA Message Set; and
    (6) Take part in a CBP-FWS evaluation of this test.

VII. 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 
test participants only. See 19 CFR 101.9(b). This document does not 
waive any recordkeeping requirements found in part 163 of title 19 of 
the Code of Federal Regulations (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.

VIII. 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 for FWS-regulated commodities; and
    (3) Have an FWS eDecs filer account that contains the CBP filer 
code.
    Test participants must meet all the eligibility criteria described 
in this document in order to participate in the test program.

IX. Application Process

    Any party seeking to participate in the FWS PGA Message Set and DIS 
test should email its CBP Client Representative, ACE Business Office 
(ABO), Office of International Trade with the subject heading ``Request 
to Participate in the FWS PGA Message Test.'' Interested parties 
without an assigned client representative should submit an email 
message to Steven Zaccaro at steven.j.zaccaro@cbp.dhs.gov with the 
subject heading ``PGA Message Set FWS Test FRN--Request to 
Participate.''
    Email messages sent to the CBP client representative or Steven 
Zaccaro must include the applicant's filer code; the commodities the 
applicant intends to import; and the intended ports of arrival. Client 
representatives will work with test participants to provide information 
regarding the transmission of this data.
    CBP will begin to accept applications upon the date of publication 
of this notice and will continue to accept applications throughout the 
duration of the test. CBP 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 its application. There is no limit on 
the number of participants.

X. Test Duration

    The initial phase of the pilot test will begin no earlier than May 
1, 2016. At the conclusion of the test pilot, an evaluation will be 
conducted to assess the effect that the FWS PGA Message 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 and the Customs 
Bulletin as required by Sec.  101.9(b)(2) of the CBP regulations (19 
CFR 101.9(b)(2)). Any modification of this test or future expansion of 
ACE will be announced via a separate Federal Register notice.

XI. 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.

XII. 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.

[[Page 27152]]

XIII. Confidentiality

    All data submitted and entered into ACE may be subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential by CBP, 
except to the extent as otherwise provided by law. The Electronic 
Export Information (EEI) is also subject to the confidentiality 
provisions of 15 CFR 30.60. As stated in previous notices, 
participation in these 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.

XIV. Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, or discontinuance from 
participation in this test for any of the following:
    (1) Failure to follow the terms and conditions of this test;
    (2) Failure to exercise reasonable care in the execution of 
participant obligations;
    (3) Failure to abide by applicable laws and regulations that have 
not been waived; or
    (4) 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 ten (10) calendar days of receipt of the 
written notice. The appeal must be submitted to Executive Director, 
ABO, Office of International Trade, by emailing 
Deborah.Augustin@cbp.dhs.gov.
    The Executive Director will issue a decision in writing on the 
proposed action within thirty (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 instances 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 ten 
(10) calendar days of receipt of the written notice providing for 
immediate discontinuance. The appeal must be submitted to 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 fifteen (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.

XV. Developments 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).
     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) Tests 
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

[[Page 27153]]

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 (ACE) 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 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 National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (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).
     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): 80 FR 47938 (August 10, 2015).
     ACE Export Manifest for Vessel Cargo Test: 80 FR 50644 
(August 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 80 FR 
52051 (August 27, 2015).
     ACE Export Manifest for Rail Cargo Test: 80 FR 54305 
(September 9, 2015).
     Automated Commercial Environment (ACE) Fillings for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry): 80 FR 
61278 (October 13, 2015).
     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
Test for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 
63576 (October 20, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Portal 
Account Test to Establish the Exporter Portal Account: 80 FR 63817 
(October 21, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Customs Environment (ACE) Entry Summary, 
Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 
and 52 and Certain Modes of Transportation: 80 FR 63815 (October 21, 
2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding the Toxic Substances 
Control Act (TSCA) Certification Required by the Environmental 
Protection Agency (EPA): 81 FR 7133 (February 10, 2016).
     Modification of the National Customs Automation Program 
(NCAP); Test Concerning the Partner Government Agency Message Set for 
Certain Data Required by the Environmental Protection Agency (EPA): 81 
FR 13399 (March 14, 2016).

    Dated: April 29, 2016.
Cynthia F. Whittenburg,
Acting Deputy Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2016-10522 Filed 5-4-16; 8:45 am]
 BILLING CODE 9111-14-P