Modification of the National Customs Automation Program Test Regarding Submission of Import Data and Documents Required by U.S. Fish and Wildlife Service Through the Automated Commercial Environment, 17669-17671 [2018-08381]
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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6214,
MSC 7804, Bethesda, MD 20892, 301–451–
3493, rahmanl@csr.nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; RFA Panel:
Tobacco Regulatory Science A.
Date: May 21, 2018.
Time: 8:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Embassy Suites at the Chevy Chase
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Washington, DC 20015.
Contact Person: Wenchi Liang, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3150,
MSC 7770, Bethesda, MD 20892, 301–435–
0681, liangw3@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
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Dated: April 16, 2018.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2018–08362 Filed 4–20–18; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
Modification of the National Customs
Automation Program Test Regarding
Submission of Import Data and
Documents Required by U.S. Fish and
Wildlife Service Through the
Automated Commercial Environment
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
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I. Background
National Customs Automation Program
Test
This document announces
that U.S. Customs and Border Protection
(CBP), in consultation with the U.S.
Fish and Wildlife Service (FWS), is
modifying and reopening the National
Customs Automation Program (NCAP)
test pertaining to the submission of
certain import data and documents for
commodities regulated by FWS (‘‘FWS
test’’) through the Automated
Commercial Environment (ACE). The
modifications in this notice apply to the
participation and discontinuation of
participation in the test, submission
options for test participants, and
restrictions to the initial participation in
the test. Except to the extent expressly
announced or modified by this
document, all aspects, rules, terms and
conditions announced in a previous
SUMMARY:
notice regarding the FWS test remain in
effect.
DATES: As of May 23, 2018, the
modifications to the FWS test will
become operational. This test will
continue until concluded by way of
announcement in the Federal Register.
ADDRESSES: Comments concerning this
notice and any aspect of this test may
be submitted at any time during the test
via email to Christopher Mabelitini,
Trade Transformation Office, Office of
Trade, U.S. Customs and Border
Protection at (571) 468–5095 or
Christopher.Mabelitini@cbp.dhs.gov,
with a subject line identifier reading
‘‘Comment on FWS Test FRN.’’
FOR FURTHER INFORMATION CONTACT: For
Partner Government Agency (PGA)related questions, contact Bill Scopa,
Trade Policy and Programs, Office of
Trade, U.S. Customs and Border
Protection at (202) 863–6554 or
William.R.Scopa@cbp.dhs.gov. For
technical questions related to ACE or
Automated Broker Interface (ABI)
transmissions, contact your assigned
client representative. Interested parties
without an assigned client
representative should direct their
questions to Steven Zaccaro, Trade
Transformation Office, Office of Trade,
U.S. Customs and Border Protection at
(571) 358–7809 or Steven.J.Zaccaro@
cbp.dhs.gov with the subject heading
‘‘FWS Test.’’ For FWS-related questions,
contact Tamesha Woulard, Office of
Law Enforcement, U.S. Fish and
Wildlife Service at (703) 358–1949 or
Tamesha_Woulard@fws.gov.
SUPPLEMENTARY INFORMATION:
The National Customs Automation
Program (NCAP) was established by
Subtitle B of Title VI—Customs
Modernization in the North American
Free Trade Agreement (NAFTA)
Implementation Act (Customs
Modernization Act) (Pub. L. 103–182,
107 Stat. 2057, 2170, December 8, 1993)
(19 U.S.C. 1411). Through NCAP, the
thrust of customs modernization was on
trade compliance and the development
of the Automated Commercial
Environment (ACE), the planned
successor to the Automated Commercial
System (ACS) as the electronic data
interchange (EDI) system authorized by
U.S. Customs and Border Protection
(CBP). ACE is an automated and
electronic system for commercial trade
processing which is intended to
streamline business processes, facilitate
growth in trade, ensure cargo security,
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17669
and foster participation in global
commerce, while ensuring compliance
with U.S. laws and regulations and
reducing costs for CBP and all of its
communities of interest. The ability to
meet these objectives depends on
successfully modernizing CBP’s
business functions and the information
technology that supports those
functions.
CBP’s modernization efforts are
accomplished through phased releases
of ACE component functionality
designed to replace specific legacy ACS
functions and add new functionality.
Section 101.9(b) of title 19 of the Code
of Federal Regulations (19 CFR 101.9(b))
provides for the testing of NCAP
components. See T.D. 95–21, 60 FR
14211 (March 16, 1995).
The U.S. Fish and Wildlife Service
(FWS) Partner Government Message Set
(PGA) and Digital Image System (DIS)
Test
On May 5, 2016, CBP published a
notice in the Federal Register (81 FR
27149) announcing an NCAP test
concerning the electronic submission of
certain import data and documents for
commodities regulated by FWS (‘‘FWS
test’’). The test notice provided that test
participants would electronically
submit data contained in FWS’s
‘‘Declaration for Importation or
Exportation of Fish and Wildlife’’
(‘‘Declaration’’ or ‘‘FWS Form 3–177’’)
to ACE using the Partner Government
Agency (PGA) Message Set, and any
required original permits or certificates,
and copies of any other documents
required under the FWS regulations (see
50 CFR part 14) to ACE via the
Document Image System (DIS). Under
the test, ACE replaced FWS’s internetbased filing system (‘‘eDecs’’) used for
the electronic submission of the
Declaration and accompanying
documents. After receipt in ACE, the
data and electronic documents would be
sent to FWS for processing. The test
notice further stated that original
‘‘Convention on International Trade in
Endangered Species of Wild Fauna and
Flora’’ (‘‘CITES’’) permits and
certificates, and foreign-law paper
documents would continue to be
submitted directly to the FWS office at
the applicable port. There was a lack of
participation, and on January 12, 2017,
the FWS PGA Message Set test was
suspended due to concerns raised by the
industry regarding the design of the
message set. See CSMS Message Set 17–
000015.
II. Test Modifications
This document announces the
reopening of the FWS test with
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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
modifications. Each modification is
discussed separately below. Except to
the extent expressly announced or
modified by this document, all aspects,
rules, terms, requirements, obligations
and conditions announced in the
previous notice regarding the FWS test
remain in effect.
A. Application for Participation in Test
The original test notice announced
that a party seeking to participate in the
test program had to send an email to its
CBP client representative, Trade
Transformation Office, Office of Trade
(formerly known as ACE Business
Office, Office of International Trade).
This notice announces that applications
to participate in the test program should
be submitted by email to FWS at
lawenforcement@fws.gov, with the
subject heading ‘‘Request to Participate
in the FWS Test.’’ A copy of the
application should be sent to the
applicant’s CBP client representative,
Trade Transformation Office, Office of
Trade. Applications must include the
applicant’s filer code, the commodities
the applicant intends to import, and the
intended ports of arrival. Any applicant
to the original test notice who wishes to
participate in the reopening of the test
should apply again pursuant to this
notice.
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B. Discontinuation of Participation in
Test
The original notice was silent as to
the discontinuation of participation in
the test program. This notice announces
that requests to discontinue
participation in the test program should
be submitted by email to FWS at
lawenforcement@fws.gov, with the
subject heading ‘‘Request to Discontinue
Participation in the FWS Test.’’ This
process ensures that any future entries
submitted by an importer who wishes to
discontinue participation will not be
rejected by the business rules operating
in the test due to missing Declaration
data and accompanying documents. A
copy of the request to discontinue
should be sent to the participant’s CBP
client representative, Trade
Transformation Office, Office of Trade.
The request should include the date the
participant wishes to end the
participation.
C. Submission of Data and Documents
in ACE
Under the original test program, test
participants were required to submit the
Declaration data electronically to ACE
when filing an entry, using the PGA
Message Set, and the participants had to
refrain from filing the Declaration data
and accompanying documents in eDecs.
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This notice announces that CBP
established a design that provides
participants with different filing options
when submitting data, disclaimers or
documents in ACE. Participants do not
need to notify CBP or FWS about which
option they plan on using. Participants
may use different filing options for
different entries.
(1) Option 1: Test participants will file
FWS Form 3–177 data in ACE using the
PGA Message Set and upload required
FWS documents in DIS. This filing
option replaces eDecs for those
participants filing entries under the
auspices of this test program. ACE will
send the data and electronic documents
to FWS for processing.
(2) Option 2: Test participants will file
FWS Form 3–177 and required
documents directly with FWS. Under
this option, test participants will either
file the applicable eDecs confirmation
number in the PGA Message Set (if FWS
clearance was already received via
eDecs) or use Disclaimer code ‘‘D’’
(‘‘data filed through paper’’) to file in
the PGA Message Set (if FWS clearance
was already received via paper). DIS
will not be used under this option
unless further information is requested
by CBP or FWS to substantiate a
disclaimer on a case-by-case basis.
(3) Option 3: Test participants will file
in the PGA Message Set using
Disclaimer code ‘‘C’’ (‘‘data filed
through other agency means’’) to
indicate that they will follow up with
FWS and file in eDecs at a later time.
DIS will not be used under this option
unless further information is requested
by CBP or FWS to substantiate a
disclaimer on a case-by-case basis.
(4) Option 4: When a Harmonized
Tariff code is flagged as ‘‘FW1’’,
participants will file in the PGA
Message Set using Disclaimer code ‘‘E’’
(‘‘product does not contain fish or
wildlife, including live, dead, parts or
products thereof, except as specifically
exempted from declaration
requirements under 50 CFR part 14’’) to
disclaim the need to file FWS Form 3–
177 and required documents because
the commodity does not contain fish or
wildlife. However, if a commodity
contains both FWS regulated and nonFWS regulated animal components,
Disclaimer code ‘‘E’’ should be used in
conjunction with one of the above
options.
D. Restrictions to Initial Participation in
Test
This test notice announces two
restrictions to the initial participation in
this reopened test program. Initially,
participation will be restricted to certain
FWS ports. FWS will notify participants
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of the ports they may use to enter
commodities under the test procedures.
In addition, initial participation in the
test program will exclude entries of live
and perishable commodities. Once FWS
determines that a participant has fully
tested its software for filing entries in
ACE, FWS will notify the participant of
its eligibility to file for entries of live
and perishable commodities.
III. Waiver of Regulation Under the
Test
For purposes of this test, those
provisions of 19 CFR parts 10 and 12
that are inconsistent with the terms of
this test are waived for the test
participants only. See 19 CFR 101.9(b).
This document does not waive any
recordkeeping requirements found in 19
CFR part 163 and the Appendix to part
163 (commonly known as the ‘‘(a)(1)(A)
list’’). This test also does not waive any
FWS requirements under 50 CFR part
14.
IV. Test Participation and Selection
Criteria
To be eligible to apply for this test,
the applicant must:
(1) Be a self-filing importer who has
the ability to file ACE entry/cargo
release and ACE Entry Summaries
certified for cargo release or a broker
who has the ability to file ACE entry/
cargo release and ACE Entry Summaries
certified for cargo release;
(2) File Declarations and disclaimers
for FWS-regulated commodities; and
(3) Have an FWS eDecs filer account
that contains the CBP filer code when
filing under Option 1.
Test participants must meet all the
eligibility criteria described in this
document in order to participate in the
test program.
V. Application Process
As of April 23, 2018, FWS will accept
applications throughout the duration of
the test. FWS will notify the selected
applicants by an email message of their
selection and the starting date of their
participation. Selected participants may
have different starting dates. Anyone
providing incomplete information, or
otherwise not meeting participation
requirements, will be notified by an
email message and given the
opportunity to resubmit the application.
There is no limit on the number of
participants.
VI. Test Duration
The modifications announced in this
test will become operational on May 23,
2018. At the conclusion of the test pilot,
an evaluation will be conducted to
assess the effect that the PGA Message
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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
Set has on expediting the submission of
FWS importation-related data elements
and the processing of FWS-related
entries. The final results of the
evaluation will be published in the
Federal Register as required by
§ 101.9(b)(2) of the CBP regulations (19
CFR 101.9(b)(2)). Any modifications to
this test will be announced via a
separate Federal Register notice.
VII. Paperwork Reduction Act
The collection of information
contained in this FWS PGA Message Set
test has been approved by the Office of
Management and Budget (OMB) in
accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C.
3507) and assigned OMB control
number 1018–0012. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a valid
control number assigned by OMB.
Dated: April 17, 2018.
Brenda B. Smith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2018–08381 Filed 4–20–18; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7001–N–12]
30-Day Notice of Proposed Information
Collection: Land Survey Report for
Insured Multifamily Projects (Form
HUD–92457)
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD submitted the proposed
information collection requirement
described below to the Office of
Management and Budget (OMB) for
review, in accordance with the
Paperwork Reduction Act. The purpose
of this notice is to allow for 30 days of
public comment.
DATES: Comments Due Date: May 23,
2018.
SUMMARY:
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRA Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Inez
C. Downs, Reports Management Officer,
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ADDRESSES:
VerDate Sep<11>2014
17:09 Apr 20, 2018
Jkt 244001
QMAC, Department of Housing and
Urban Development, 451 7th Street SW,
Washington, DC 20410; email
Inez.C.Downs@hud.gov, or telephone
202–402–8046. This is not a toll-free
number. Person with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Downs.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on January 16, 2018
at 83 FR 2173.
A. Overview of Information Collection
Title of Information Collection: Land
Survey Report for Insured Multifamily
Projects (Form HUD–92457).
OMB Approved Number: 2502–0010.
Type of Request: Extension of
currently approved collection.
Form Number: HUD–92457.
Description of the need for the
information and proposed use: The
information collected on Form HUD–
92457 ‘‘HUD Survey Instructions and
Report for Insured Multifamily
Projects’’, is necessary to secure a
marketable title and title insurance for
the property that provides security for
project mortgage insurance furnished
under FHA. The information is required
to adequately describe the property to
ensure compliance with various
regulatory provisions, i.e., flood hazard
requirements and the integrity of
property lines and possible
encroachments of property lines.
Respondents (i.e., affected public):
Profit motivated, non-profit.
Estimated Number of Respondents:
200.
Estimated Number of Responses: 400.
Frequency of Response: 2.
Average Hours per Response: 0.50.
Total Estimated Burdens: 200.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
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17671
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond: including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: April 6, 2018.
Inez C. Downs,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2018–08416 Filed 4–20–18; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7001–N–13]
30-Day Notice of Proposed Information
Collection: Budget-Based Rent
Increases
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD submitted the proposed
information collection requirement
described below to the Office of
Management and Budget (OMB) for
review, in accordance with the
Paperwork Reduction Act. The purpose
of this notice is to allow for 30 days of
public comment.
DATES: Comments Due Date: May 23,
2018.
SUMMARY:
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRA Submission@omb.eop.gov
FOR FURTHER INFORMATION CONTACT: Inez
C. Downs, Reports Management Officer,
QMAC, Department of Housing and
Urban Development, 451 7th Street SW,
Washington, DC 20410; email
Inez.C.Downs@hud.gov, or telephone
202–402–8046. This is not a toll-free
number. Person with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17669-17671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08381]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
Modification of the National Customs Automation Program Test
Regarding Submission of Import Data and Documents Required by U.S. Fish
and Wildlife Service Through the Automated Commercial Environment
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This document announces that U.S. Customs and Border
Protection (CBP), in consultation with the U.S. Fish and Wildlife
Service (FWS), is modifying and reopening the National Customs
Automation Program (NCAP) test pertaining to the submission of certain
import data and documents for commodities regulated by FWS (``FWS
test'') through the Automated Commercial Environment (ACE). The
modifications in this notice apply to the participation and
discontinuation of participation in the test, submission options for
test participants, and restrictions to the initial participation in the
test. Except to the extent expressly announced or modified by this
document, all aspects, rules, terms and conditions announced in a
previous notice regarding the FWS test remain in effect.
DATES: As of May 23, 2018, the modifications to the FWS test will
become operational. This test will continue until concluded by way of
announcement in the Federal Register.
ADDRESSES: Comments concerning this notice and any aspect of this test
may be submitted at any time during the test via email to Christopher
Mabelitini, Trade Transformation Office, Office of Trade, U.S. Customs
and Border Protection at (571) 468-5095 or
[email protected], with a subject line identifier
reading ``Comment on FWS Test FRN.''
FOR FURTHER INFORMATION CONTACT: For Partner Government Agency (PGA)-
related questions, contact Bill Scopa, Trade Policy and Programs,
Office of Trade, U.S. Customs and Border Protection at (202) 863-6554
or [email protected]. For technical questions related to ACE
or Automated Broker Interface (ABI) transmissions, contact your
assigned client representative. Interested parties without an assigned
client representative should direct their questions to Steven Zaccaro,
Trade Transformation Office, Office of Trade, U.S. Customs and Border
Protection at (571) 358-7809 or [email protected] with the
subject heading ``FWS Test.'' For FWS-related questions, contact
Tamesha Woulard, Office of Law Enforcement, U.S. Fish and Wildlife
Service at (703) 358-1949 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
National Customs Automation Program Test
The National Customs Automation Program (NCAP) was established by
Subtitle B of Title VI--Customs Modernization in the North American
Free Trade Agreement (NAFTA) Implementation Act (Customs Modernization
Act) (Pub. L. 103-182, 107 Stat. 2057, 2170, December 8, 1993) (19
U.S.C. 1411). Through NCAP, the thrust of customs modernization was on
trade compliance and the development of the Automated Commercial
Environment (ACE), the planned successor to the Automated Commercial
System (ACS) as the electronic data interchange (EDI) system authorized
by U.S. Customs and Border Protection (CBP). ACE is an automated and
electronic system for commercial trade processing which is intended to
streamline business processes, facilitate growth in trade, ensure cargo
security, and foster participation in global commerce, while ensuring
compliance with U.S. laws and regulations and reducing costs for CBP
and all of its communities of interest. The ability to meet these
objectives depends on successfully modernizing CBP's business functions
and the information technology that supports those functions.
CBP's modernization efforts are accomplished through phased
releases of ACE component functionality designed to replace specific
legacy ACS functions and add new functionality. Section 101.9(b) of
title 19 of the Code of Federal Regulations (19 CFR 101.9(b)) provides
for the testing of NCAP components. See T.D. 95-21, 60 FR 14211 (March
16, 1995).
The U.S. Fish and Wildlife Service (FWS) Partner Government Message Set
(PGA) and Digital Image System (DIS) Test
On May 5, 2016, CBP published a notice in the Federal Register (81
FR 27149) announcing an NCAP test concerning the electronic submission
of certain import data and documents for commodities regulated by FWS
(``FWS test''). The test notice provided that test participants would
electronically submit data contained in FWS's ``Declaration for
Importation or Exportation of Fish and Wildlife'' (``Declaration'' or
``FWS Form 3-177'') to ACE using the Partner Government Agency (PGA)
Message Set, and any required original permits or certificates, and
copies of any other documents required under the FWS regulations (see
50 CFR part 14) to ACE via the Document Image System (DIS). Under the
test, ACE replaced FWS's internet-based filing system (``eDecs'') used
for the electronic submission of the Declaration and accompanying
documents. After receipt in ACE, the data and electronic documents
would be sent to FWS for processing. The test notice further stated
that original ``Convention on International Trade in Endangered Species
of Wild Fauna and Flora'' (``CITES'') permits and certificates, and
foreign-law paper documents would continue to be submitted directly to
the FWS office at the applicable port. There was a lack of
participation, and on January 12, 2017, the FWS PGA Message Set test
was suspended due to concerns raised by the industry regarding the
design of the message set. See CSMS Message Set 17-000015.
II. Test Modifications
This document announces the reopening of the FWS test with
[[Page 17670]]
modifications. Each modification is discussed separately below. Except
to the extent expressly announced or modified by this document, all
aspects, rules, terms, requirements, obligations and conditions
announced in the previous notice regarding the FWS test remain in
effect.
A. Application for Participation in Test
The original test notice announced that a party seeking to
participate in the test program had to send an email to its CBP client
representative, Trade Transformation Office, Office of Trade (formerly
known as ACE Business Office, Office of International Trade). This
notice announces that applications to participate in the test program
should be submitted by email to FWS at [email protected], with the
subject heading ``Request to Participate in the FWS Test.'' A copy of
the application should be sent to the applicant's CBP client
representative, Trade Transformation Office, Office of Trade.
Applications must include the applicant's filer code, the commodities
the applicant intends to import, and the intended ports of arrival. Any
applicant to the original test notice who wishes to participate in the
reopening of the test should apply again pursuant to this notice.
B. Discontinuation of Participation in Test
The original notice was silent as to the discontinuation of
participation in the test program. This notice announces that requests
to discontinue participation in the test program should be submitted by
email to FWS at [email protected], with the subject heading
``Request to Discontinue Participation in the FWS Test.'' This process
ensures that any future entries submitted by an importer who wishes to
discontinue participation will not be rejected by the business rules
operating in the test due to missing Declaration data and accompanying
documents. A copy of the request to discontinue should be sent to the
participant's CBP client representative, Trade Transformation Office,
Office of Trade. The request should include the date the participant
wishes to end the participation.
C. Submission of Data and Documents in ACE
Under the original test program, test participants were required to
submit the Declaration data electronically to ACE when filing an entry,
using the PGA Message Set, and the participants had to refrain from
filing the Declaration data and accompanying documents in eDecs. This
notice announces that CBP established a design that provides
participants with different filing options when submitting data,
disclaimers or documents in ACE. Participants do not need to notify CBP
or FWS about which option they plan on using. Participants may use
different filing options for different entries.
(1) Option 1: Test participants will file FWS Form 3-177 data in
ACE using the PGA Message Set and upload required FWS documents in DIS.
This filing option replaces eDecs for those participants filing entries
under the auspices of this test program. ACE will send the data and
electronic documents to FWS for processing.
(2) Option 2: Test participants will file FWS Form 3-177 and
required documents directly with FWS. Under this option, test
participants will either file the applicable eDecs confirmation number
in the PGA Message Set (if FWS clearance was already received via
eDecs) or use Disclaimer code ``D'' (``data filed through paper'') to
file in the PGA Message Set (if FWS clearance was already received via
paper). DIS will not be used under this option unless further
information is requested by CBP or FWS to substantiate a disclaimer on
a case-by-case basis.
(3) Option 3: Test participants will file in the PGA Message Set
using Disclaimer code ``C'' (``data filed through other agency means'')
to indicate that they will follow up with FWS and file in eDecs at a
later time. DIS will not be used under this option unless further
information is requested by CBP or FWS to substantiate a disclaimer on
a case-by-case basis.
(4) Option 4: When a Harmonized Tariff code is flagged as ``FW1'',
participants will file in the PGA Message Set using Disclaimer code
``E'' (``product does not contain fish or wildlife, including live,
dead, parts or products thereof, except as specifically exempted from
declaration requirements under 50 CFR part 14'') to disclaim the need
to file FWS Form 3-177 and required documents because the commodity
does not contain fish or wildlife. However, if a commodity contains
both FWS regulated and non-FWS regulated animal components, Disclaimer
code ``E'' should be used in conjunction with one of the above options.
D. Restrictions to Initial Participation in Test
This test notice announces two restrictions to the initial
participation in this reopened test program. Initially, participation
will be restricted to certain FWS ports. FWS will notify participants
of the ports they may use to enter commodities under the test
procedures. In addition, initial participation in the test program will
exclude entries of live and perishable commodities. Once FWS determines
that a participant has fully tested its software for filing entries in
ACE, FWS will notify the participant of its eligibility to file for
entries of live and perishable commodities.
III. Waiver of Regulation Under the Test
For purposes of this test, those provisions of 19 CFR parts 10 and
12 that are inconsistent with the terms of this test are waived for the
test participants only. See 19 CFR 101.9(b). This document does not
waive any recordkeeping requirements found in 19 CFR part 163 and the
Appendix to part 163 (commonly known as the ``(a)(1)(A) list''). This
test also does not waive any FWS requirements under 50 CFR part 14.
IV. Test Participation and Selection Criteria
To be eligible to apply for this test, the applicant must:
(1) Be a self-filing importer who has the ability to file ACE
entry/cargo release and ACE Entry Summaries certified for cargo release
or a broker who has the ability to file ACE entry/cargo release and ACE
Entry Summaries certified for cargo release;
(2) File Declarations and disclaimers for FWS-regulated
commodities; and
(3) Have an FWS eDecs filer account that contains the CBP filer
code when filing under Option 1.
Test participants must meet all the eligibility criteria described
in this document in order to participate in the test program.
V. Application Process
As of April 23, 2018, FWS will accept applications throughout the
duration of the test. FWS will notify the selected applicants by an
email message of their selection and the starting date of their
participation. Selected participants may have different starting dates.
Anyone providing incomplete information, or otherwise not meeting
participation requirements, will be notified by an email message and
given the opportunity to resubmit the application. There is no limit on
the number of participants.
VI. Test Duration
The modifications announced in this test will become operational on
May 23, 2018. At the conclusion of the test pilot, an evaluation will
be conducted to assess the effect that the PGA Message
[[Page 17671]]
Set has on expediting the submission of FWS importation-related data
elements and the processing of FWS-related entries. The final results
of the evaluation will be published in the Federal Register as required
by Sec. 101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)). Any
modifications to this test will be announced via a separate Federal
Register notice.
VII. Paperwork Reduction Act
The collection of information contained in this FWS PGA Message Set
test has been approved by the Office of Management and Budget (OMB) in
accordance with the requirements of the Paperwork Reduction Act (44
U.S.C. 3507) and assigned OMB control number 1018-0012. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a valid control number
assigned by OMB.
Dated: April 17, 2018.
Brenda B. Smith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2018-08381 Filed 4-20-18; 8:45 am]
BILLING CODE 9111-14-P
