Electronic Filing of Certificate of Compliance Data: Announcement of Expansion of Partner Government Agency Message Set Test and Collection of Information Burden Estimate, 73392-73397 [2024-20367]
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
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reproduction, or survival for the affected
individuals. In all, there would be no
adverse impacts to the stocks as a
whole; and
• The mitigation measures are
expected to reduce the effects of the
specified activity to the level of least
practicable adverse impact.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
required monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from the planned
activity will have a negligible impact on
all affected marine mammal species or
stocks.
Small Numbers
As noted previously, only take of
small numbers of marine mammals may
be authorized under sections
101(a)(5)(A) and (D) of the MMPA for
specified activities other than military
readiness activities. The MMPA does
not define small numbers and so, in
practice, where estimated numbers are
available, NMFS compares the number
of individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals. When the
predicted number of individuals to be
taken is fewer than one-third of the
species or stock abundance, the take is
considered to be of small numbers.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
Table 8 demonstrates the number of
instances in which individuals of a
given species could be exposed to
received noise levels that could cause
take of marine mammals. Our analysis
shows that less than 6 percent of all
species could be taken by harassment
which is below one third of the
population for all.
Based on the analysis contained
herein of the planned activity (including
the required mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals
would be taken relative to the
population size of the affected species
or stocks.
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
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16:45 Sep 09, 2024
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the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our action
(i.e., the issuance of an IHA) with
respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NAO 216–
6A, which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of the IHA qualifies to be categorically
excluded from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Authorization
NMFS has issued an IHA to Petrogas
for the potential harassment of small
numbers of four marine mammal
species incidental to Ferndale Pier
Maintenance Activities in Ferndale,
Washington.
Dated: September 5, 2024.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2024–20392 Filed 9–9–24; 8:45 am]
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CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2022–0020]
Electronic Filing of Certificate of
Compliance Data: Announcement of
Expansion of Partner Government
Agency Message Set Test and
Collection of Information Burden
Estimate
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
In a June 4, 2024, Federal
Register notice, the U.S. Consumer
Product Safety Commission (CPSC), in
consultation with U.S. Customs and
Border Protection (CBP), announced
their joint intent to expand the current
Partner Government Agency (PGA)
Message Set test (Beta Pilot test) to
include up to 2,000 additional
participants. The expansion will allow
importers of regulated consumer
products to voluntarily participate in
the test by electronically submitting
(eFiling) data from a certificate of
compliance. Beta Pilot test participants
will eFile certificate data to the CBPauthorized Electronic Data Interchange
(EDI) system known as the Automated
Commercial Environment (ACE). In this
notice, CPSC addresses two comments
supporting the expanded Beta Pilot test;
CPSC did not revise its burden estimates
based on the comments. By publication
of this notice, the Commission
announces that CPSC has submitted to
the OMB a request for approval of the
collection of information, as proposed.
DATES:
Beta Pilot Test: Submit electronic
requests to participate in the expanded
Beta Pilot test at any time after
publication of this notice. CPSC will
allow participation until we reach 2,000
volunteers or until an eFiling
requirement becomes permanent,
whichever comes first. CPSC asks that
each Beta Pilot test participant
electronically file CPSC PGA Message
Set certificate data during the expanded
Beta Pilot test.
Paperwork Reduction Act: Submit
comments on the proposed expanded
collection of information by October 10,
2024 using the methods described
below in the ADDRESSES section of this
preamble.
ADDRESSES:
Beta Pilot Test: Submit requests to
participate in the Beta Pilot test and any
technical comments on CPSC’s
supplemental Customs and Trade
Automated Interface Requirements
(CATAIR) guideline (available on
SUMMARY:
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
CPSC.gov 1) through email to:
efilingsupport@cpsc.gov. Requests to
participate in the Beta Pilot test should
contain the subject heading: ‘‘Beta Pilot:
Application to participate in Expanded
PGA Message Set Test.’’ Technical
comments on CPSC’s supplemental
CATAIR guideline should contain the
subject heading: ‘‘Beta Pilot CATAIR
Technical Comments.’’
Paperwork Reduction Act: Submit
comments about the Paperwork
Reduction Act (PRA) burden estimate
for the expanded Beta Pilot test,
identified by Docket No. CPSC–2022–
0020, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC typically does not accept
comments submitted by email, except
through www.regulations.gov. CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier/
Confidential Written Submissions:
Submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504–7479. If
you wish to submit confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public, you
may submit such comments by mail,
hand delivery, or courier, or you may
email them to: cpsc-os@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
identifiers, contact information, or other
personal information provided, to
https://www.regulations.gov. Do not
submit through this website:
Confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information, please
submit it according to the instructions
for mail/hand delivery/courier/
confidential written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2022–0020, into
the ‘‘Search’’ box, and follow the
prompts. A copy of the ‘‘Supporting
Statement’’ for this burden estimate is
available at: https://www.regulations.
1 https://www.cpsc.gov/eFiling-Document-Library.
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gov under Docket No. CPSC–2022–0020,
Supporting and Related Material.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the Beta Pilot test,
participation in the test, and the
proposed expanded collection of
information should be directed to James
Joholske, Director, Office of Import
Surveillance, U.S. Consumer Product
Safety Commission, (301) 504–7527,
efilingsupport@cpsc.gov. Questions sent
by email should contain the subject
heading: ‘‘Beta Pilot: Question re
Expanded PGA Message Set Test.’’ For
technical questions regarding ACE or
Automated Broker Interface (ABI)
transmissions, or the PGA message set
data transmission, please contact your
assigned CBP client representative.
Interested parties without an assigned
client representative should submit an
email to clientrepoutreach@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 10, 2022, CPSC announced in
the Federal Register (87 FR 35513) a
joint Beta Pilot test with CBP to assess
eFiling certificate data for regulated
consumer products and substances
under CPSC’s jurisdiction using CBP’s
PGA Message Set in ACE 2 (Beta Pilot
Test Announcement). The notice sought
up to 50 Beta Pilot participants and
provided a 60-day comment period for
CPSC’s Paperwork Reduction Act (PRA)
burden estimate for the Beta Pilot test.
Pursuant to this notice, CPSC received
no comment on the burden estimates
provided. On September 14, 2022, CPSC
published in the Federal Register the
required second notice providing a 30day public comment period on the
burden estimates for the Beta Pilot test,
as required by the PRA. 87 FR 56407.
CPSC received no comments.
Subsequently, the Office of Management
and Budget (OMB) assigned control
number 3041–0193 for the Beta Pilot
test.
In 2023, CPSC and CBP began the
Beta Pilot test with 37 importer
participants, along with their trade
partners, such as brokers and
laboratories. On December 8, 2023,
CPSC published a supplemental notice
of proposed rulemaking (SNPR) to
revise 16 CFR part 1110 to, among other
things, require eFiling of certificate data.
88 FR 85760. On June 4, 2024, CPSC
and CBP announced in the Federal
Register their joint intent to expand the
Beta Pilot test to include up to an
2 ACE is CBP’s automated electronic system
through which it collects importation and entry
data, streamlining business processes and ensuring
cargo security and compliance with U.S. laws and
regulations.
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additional 2,000 importer participants
and to extend the Beta Pilot test until
the effective date of a final rule
implementing an eFiling requirement
(or for up to three years, which is the
length of a PRA control number issued
by the OMB). 89 FR 47922. The June 4th
announcement provided a 60-day
comment period, and CPSC received
two comments, which we address in
section V of this notice. In accordance
with the PRA, this notice responds to
comments and provides an additional
30-day comment period on the PRA
burden estimate for the Beta Pilot
expansion.
CPSC’s previous Beta Pilot Test
Announcement (87 FR 35513, 35517–
18) discussed CBP and CPSC’s legal
authority to conduct the Beta Pilot test.
Additionally, the Beta Pilot Test
Announcement and the recent SNPR to
revise 16 CFR part 1110 explained
CPSC’s authority to require electronic
filing of certificate data at the time of
entry, or entry summary, if both are
filed together. 87 FR 35513, 35518; 88
FR 85760, 85760–62.
A. Expansion of the Beta Pilot Test 3
The June 10, 2022, Beta Pilot Test
Announcement explained CPSC’s
authority to require eFiling, the Alpha
Pilot,4 and the Beta Pilot test, including
its purpose, structure, and burden. 87
FR 35513. The Beta Pilot Test
Announcement also described the
Commission’s direction for an eFiling
Program, explaining that on December
18, 2020, the Commission approved
staff’s recommended plan to implement
a permanent eFiling program at CPSC.5
The Beta Pilot test and the December 8,
2023, SNPR (88 FR 85760) are in
furtherance of CPSC’s eFiling Program.
CPSC and CBP are expanding the Beta
Pilot test (expanded Beta Pilot test) to
allow importers of regulated consumer
3 On September 4, 2024, the Commission voted
(5–0) to publish this notice.
4 The eFiling Alpha Pilot test was a six-month
joint initiative between CPSC and CBP that assessed
the infrastructure and processes necessary for
electronic filing of data, and successfully
demonstrated the ability of eight U.S. importers,
their customs brokers, CBP, and CPSC to work
together to gather and electronically file these data
at import. CPSC staff provided a report on the pilot,
which is available at: https://www.cpsc.gov/s3fspublic/eFiling_Alpha_P Pilot_Evaluation_ReportMay_24_2017.pdf?uK.UhjHabKD5yjQ.
1w06tudrnvuuWIra, published April 2017.
5 The 2020 staff briefing package to implement an
eFiling program at CPSC is available at: https://
cpsc.gov/s3fs-public/CPSC-Plan-to-Create-aneFiling-Program-for-Imported-ConsumerProducts.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRI
SuaRkr=. The Record of Commission Action is
available at: https://www.cpsc.gov/s3fs-public/RCACPSC-Plan-to-Create-an-eFiling-Program-forImported-Consumer-Products.pdf.
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products and substances to voluntarily
participate in the eFiling program.
The expanded Beta Pilot test provides
additional members of the import
community more time to gradually
prepare for and begin eFiling PGA
Message Sets. Similar to the initial Beta
Pilot test, the expanded test involves
eFiling certificate data for regulated
consumer products and substances
under CPSC’s jurisdiction that are
classified under approximately 2,500
Harmonized Tariff Schedule (HTS)
codes.6
The expanded Beta Pilot test will
allow CPSC to further scale up the
information technology (IT), procedural,
and processing requirements of the
Product Registry and the Risk
Assessment Methodology system (RAM)
before the anticipated full
implementation. For example, CPSC
will scale up IT systems to accept data
for regulated consumer products from
more importers; refine the required
infrastructure for the real-time
collection and use of data; and continue
development of internal and external
procedures to supply, use, and maintain
certificate data. Expanding the Beta
Pilot test also enables CPSC to continue
developing RAM algorithms to triage
import data received from CBP to detect
more effectively noncompliant
consumer products arriving at ports of
entry.
To accommodate expansion of the
Beta Pilot test, this notice seeks up to
2,000 additional participants and
revises CPSC’s PRA analysis to
accommodate these additional
participants by revising the estimated
annual burden to participants.
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B. Use of the Automated Commercial
Environment
CPSC is conducting the expanded
Beta Pilot test in coordination with CBP
and using the ACE system through
6 The Beta Pilot test originally cited to 300 HTS
codes within the scope of the pilot. 87 FR 35514;
89 FR 47923. However, in preparation for a final
eFiling requirement, CPSC staff reviewed all HTS
codes to identify codes under which regulated
consumer products may be classified for entry, and
have updated the list of applicable HTS codes to
include approximately 2,500 codes, available at:
www.cpsc.gov/eFiling. This list serves as guidance
for Beta Pilot test participants. For example, the
products classified under the approximately 300
HTS codes that participants should expect to be
tested in the expanded Beta Pilot, include, but are
not limited to: All Terrain Vehicles (ATVs); durable
infant or toddler products, such as baby carriages,
cribs, and safety gates; children’s furniture,
backpacks, and school supplies; bicycle helmets;
bicycles and other electric-powered cycles; clothing
(sleepwear, outerwear, infant articles, potentially
flammable adult clothing articles); drywall;
fireworks; children’s jewelry; lighters; liquid
nicotine; mattresses; pacifiers and rattles; rugs; and
toys.
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which CBP collects importation and
entry data, thus streamlining business
processes and ensuring cargo security
and compliance with U.S. laws and
regulations. CBP developed ACE as the
‘‘single window’’ for the trade
community to comply with the
International Trade Data System (ITDS)
requirement established by the Security
and Accountability for Every (SAFE)
Port Act of 2006. Trade filers must
submit data to ACE using an EDI
system, such as the Automated Broker
Interface (ABI). Commercial trade
participants, or the licensed customs
brokers acting on their behalf, can
electronically file entry data in ACE
using ABI. A PGA Message Set allows
the trade to enter agency-specific data
along with entry data, through ABI, and
for PGAs, such as CPSC, to receive this
additional trade-related data.
II. Beta Pilot Test: Certificate Data
The expanded Beta Pilot test will
follow the same structure as the existing
Beta Pilot test, with two different
methods of filing certificate data using
the PGA Message Set: (1) filing a
minimum of seven data elements (Full
PGA Message Set), or (2) filing only a
reference to certificate data stored in a
Product Registry maintained by CPSC
(Reference PGA Message Set).
Participants submit certificate data for
regulated finished products, either as
the Full PGA Message Set or the
Reference PGA Message Set, in ACE at
the time of entry filing or entry
summary filing if both entry and entry
summary are filed together. CBP then
makes available to CPSC the PGA
Message Set data and its corresponding
entry data, for CPSC’s validation, risk
assessment, and admissibility
consideration at entry, thereby
facilitating compliant trade as well as
sharpening CPSC focus on
noncompliant trade. CPSC staff uses
eFiled certificate data to review
consumer product entry requirements
and allow for earlier risk-based hold
decisions and admissibility
considerations. Additionally, because it
is electronic, the PGA Message Set will
eliminate or substantially reduce the
necessity for submission and
subsequent handling of paper
documents. Section II of the 2022 Beta
Pilot Test Announcement details the
expected PGA Message Set data from a
certificate of compliance as well as the
methods for filing such data. 87 FR
35513, 35516–17.
CPSC’s supplemental CATAIR
guideline on filing certificate data
through the PGA Message Set describes
the technical specifications for filing
during the expanded Beta Pilot test, as
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well as the Product Registry and
Reference PGA Message Set.7 Technical
comments on CPSC’s supplemental
CATAIR guideline should be submitted
in accordance with the instructions in
the ADDRESSES section at the beginning
of this notice.
III. Beta Pilot Test Participant
Eligibility, Selection Criteria, and
Responsibilities
This document reannounces CPSC’s
plan, in consultation with CBP, to
expand the number of Beta Pilot test
participants from 50 up to an additional
2,000 importers, and to extend the Beta
Pilot test period from six months to up
to three years, the length of time for an
OMB control number, or until an
effective date of a final rule
implementing an eFiling requirement.
Accordingly, CPSC and CBP seek
additional Beta Pilot test participants.
U.S.-based importers with an assortment
of CPSC-regulated products may
participate in the Beta Pilot test. To be
eligible to apply as a test participant, the
applicant must:
• Import regulated consumer
products within the Commission’s
jurisdiction;
• File consumption entries and entry
summaries in ACE, or have a broker
who files in ACE;
• Use a software program that has
completed ACE certification testing for
the PGA Message Set; and
• Work with CPSC and CBP to test
electronic filing of data using ABI to file
through the Message Set, or references
to certificate data in the Product
Registry.
CPSC anticipates that the benefits of
participation in the Beta Pilot test may
include, but will not necessarily be
limited to:
• Opportunity to work directly with
CBP and CPSC in the preimplementation stage of the requirement
to file certificate data; and
• Ability to trouble-shoot systems and
procedures.
IV. Application Process and Test
Duration
Any importer seeking to participate in
the test should email their company
name, contact information, importer of
record number(s), filer code(s), and an
explanation of how they satisfy the
requirements for participation to the
address listed at the beginning of this
notice. CPSC will notify expanded Beta
Pilot test applicants of approval to
participate by email and will work with
importers to onboard into the Pilot on
7 Footnote 1, supra, contains a link to CPSC’s
CATAIR.
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a first come, first served basis.
Depending on the level of interest, CPSC
may restrict on-boarding of new
participants, at least in the beginning of
the expanded Beta Pilot test, to
accommodate all participants
successfully and smoothly.
V. Comment Responses
We received two comments,
discussing six issues, in response to the
June 4th notice regarding the expanded
Beta Pilot test. Both commenters
support the expanded Beta Pilot test.
However, the commenters also raised
several issues that are out-of-scope for
this PRA notice, in that they do not
address the revised burden estimate for
an expanded Beta Pilot test, but rather
relate to the SNPR to revise 16 CFR part
1110. Below we summarize and respond
to each issue raised by the commenters.
Comment 1: The Retail Industry
Leaders Association (RILA) asserts that
the burden estimate in the June 4th
expanded Beta Pilot test notice does not
fully account for the time to support
gathering and submitting data elements
and only reflects the burden of gathering
and submitting data for a limited
quantity of products and their
corresponding fillings. RILA states that
their members’ approximations of the
burden hours per importer are nearly
double, if not more, than those of the
Commission’s estimates, depending on
the overall size of the retailer and
volume and variety of imported goods.
RILA references two Beta Pilot
participants; one estimated an annual
burden of approximately 500 hours and
another estimated an annual burden of
15,700 hours.
Response 1: One purpose of the
eFiling Beta Pilot is to gain experience
on the burden that importers may
experience and inform the SNPR to
update 16 CFR 1110. Experience from
the limited quantity of products and
filings from the initial Beta Pilot test has
yielded useful information about
participant’s burden in an expanded
Beta Pilot test. Participants are not
choosing to eFile certificates for all of
their imported, regulated products
during the Beta Pilot. Accordingly, the
PRA burden estimate is based on the
estimated number of filings during the
expanded Beta Pilot test, and not full
implementation of eFiling for all
regulated, imported products. We
acknowledge that mandatory eFiling for
all regulated, imported products and
substances would likely take additional
time and increase the PRA burden
estimate. CPSC will provide this more
fulsome estimate in the PRA burden for
a final rule to revise 16 CFR part 1110.
For the expanded Beta Pilot test,
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because firms are not required to file
certificates for every imported, regulated
product subject to a CPSC rule, ban,
standard, or regulation, CPSC’s burden
estimate accurately reflects importers’
expected eFiling activity.
With respect to expected annual
burden, through staff’s engagement with
Beta Pilot participants, staff observed
variation in the burden from the Beta
Pilot with participants on average taking
less than 200 hours to participate, but
some participants taking significantly
more time. Variation also occurs in the
number of certificates that participants
file and the duration of their
participation. Thus, the annual burden
for larger firms filing many products
would likely be greater than the burden
for medium or smaller-sized importers.
As such, the burden per product
certificate filed is a better, more accurate
metric to account for the variation in the
expected filing burden that the
commenter references. CPSC will
consider the experience of Beta Pilot
test participants when finalizing the
burden estimate for the final rule to
revise part 1110; however, participation
in the expanded Beta Pilot test is
voluntary and does not require routine
eFiling of certificates for all products
subject to a CPSC rule, ban, standard, or
regulation. Therefore, the current
burden estimate accurately reflects
importer’s expected participation
burden in the expanded Beta Pilot.
Comment 2: RILA questions whether
the burden estimate accounts for
expected holds and associated delays of
imports due to eFiling errors. RILA also
questions whether the disclaim process
for products that are exempted or
excluded is included in the burden
analysis, stating that disclaims increase
burden on firms.
Response 2: Importers participating in
the expanded Beta Pilot test will not
experience delay of their shipments due
to eFiling errors and, therefore, will not
experience additional paperwork
burden under the PRA. The purpose of
the expanded Beta Pilot test is to
introduce importers to eFiling prior to
implementation of a final rule to require
eFiling, and allow CPSC to further scale
up the IT, procedural, and processing
requirements of the Product Registry
and the RAM before the anticipated full
implementation. Even at that point,
CPSC does not intend to delay
shipments for eFiling errors, but instead
will use the certificate data for risk
scoring of shipments.
Furthermore, the disclaim process
was optional during the initial Beta
Pilot test and remains optional during
the expanded Beta Pilot test; importers
do not need to disclaim products if they
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73395
choose not to. Like the initial Beta Pilot
test, the estimated burden analysis for
the expanded Beta Pilot test is based on
overall participation and considers all
types of filing, including disclaims.
Therefore, the optional disclaim process
is already reflected in the PRA burden
estimate.
Out-of-Scope Comments: CPSC
received several comments that are outof-scope, in that they do not address the
revised burden estimate for an
expanded Beta Pilot test, including:
• The Information Technology
Industry Council (ITI) alleges that CPSC
is moving forward with the eFiling rule
without adequately considering
products subject to Reese’s Law,
applicable to consumer products
containing button cell or coin batteries.
ITI notes that CPSC’s guidance
documents posted on its eFiling
Document Library web page do not
address some of the nuances for
products containing button cell or coin
batteries.
• ITI states that an import-centric
registration methodology in the Product
Registry will create a ‘‘logistics
nightmare’’ for U.S. companies that use
information and communications
technology (ICT) equipment.
• RILA reiterates its comments on the
SNPR to revise 16 CFR 1110. RILA
states that the timeline for proposed
implementation does not account for
time needed to plan and standup
attendant system upgrades to fully
implement eFiling. RILA recommends a
minimum of 18 months for
implementation of a final rule.
• RILA encourages CPSC to increase
clarity and guidance for implementation
of eFiling, specifically requesting that
CPSC address reporting logic on all
products in its jurisdiction and publish
a clear and publicly available list of
flagged Harmonized Tariff Schedule
(HTS) codes.
Response to Out-of-Scope Comments:
These comments from ITI and RILA are
related to the SNPR to revise 16 CFR
part 1110 through a final rule, and are
not related to the burden estimate for
the expanded Beta Pilot test. To the
extent that these comments are relevant
to the final rule to revise 16 CFR part
1110, the Commission will consider
these comments in the final rule.
CPSC has answered many questions
regarding implementation of eFiling,
and the function of the Product Registry,
in speaking engagements, webinars, and
documents on our website at
www.cpsc.gov/eFiling. CPSC will
continue to educate industry about
eFiling, including guidance material
and videos, and will specifically
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address ITI’s practice-related questions
in future guidance.
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VI. Paperwork Reduction Act
The Beta Pilot test contains
information collection requirements that
are subject to public comment and
review by OMB under the PRA of 1995
(44 U.S.C. 3501–3521). CPSC previously
received an OMB control number for the
existing Beta Pilot test: 3041–0193.
CPSC now seeks to expand the number
of participants in this test up to an
additional 2,000 and extend the test
duration for up to three additional years
(2027), which is the length of time for
an OMB control number, or until an
effective date of a final rule
implementing an eFiling requirement.
In this document, pursuant to 44 U.S.C.
3507(a)(1)(D), we set forth:
• a title for the collection of
information;
• a summary of the collection of
information;
• a brief description of the need for
the information and the proposed use of
the information;
• a description of the likely
respondents and proposed frequency of
responses to the collection of
information;
• an estimate of the burden that shall
result from the collection of
information; and
• notice that comments may be
submitted to the OMB.
Title: Beta Pilot Test for eFiling
Certificates of Compliance.
Description: During the Beta Pilot test
of CBP’s PGA Message Set abilities
through ACE, up to an additional 2,000
participating importers of regulated
consumer products will electronically
file the requested certificate data,
comprised of seven data elements, at the
time of entry filing, or entry summary
filing, if both entry and entry summary
are filed together. Participants will have
two ways to file certificate data during
the Beta Pilot test: (1) filing certificate
data in a CPSC-maintained Product
Registry, and filing a reference number
in ACE to this data set, through ABI,
each time the product is imported
thereafter (Reference PGA Message Set),
or (2) filing all certificate data elements
directly through ABI each time the
product is imported (Full PGA Message
Set). CPSC will receive the information
from CBP through a real-time transfer of
import data, and the agency will risk
score the information in CPSC’s RAM
system to assist in the interdiction of
noncompliant consumer products.
As set forth in section V.B of the Beta
Pilot Test Announcement (87 FR 35513,
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16:45 Sep 09, 2024
Jkt 262001
35517–18), the requirement to create
and maintain certificates, including the
data elements, is set forth in section 14
of the Consumer Product Safety Act
(CPSA). Section 14(a) of the CPSA
requires manufacturers (including
importers) and private labelers of
certain regulated consumer products
manufactured outside the United States
to test and issue a certificate attesting
such products as compliant with
applicable laws and regulations before
importation. 15 U.S.C. 2063(a). Section
14(g)(1) of the CPSA describes the data
required on a certificate. Section
14(g)(3) requires a certificate to
accompany the applicable product or
shipment of products covered by the
certificate, and that certifiers must
furnish the certificate to each distributor
or retailer of the product. Upon request,
certificates must also be furnished to
CPSC and CBP. Section 14(g)(4)
provides that ‘‘[i]n consultation with the
Commissioner of Customs, the
Commission may, by rule, provide for
the electronic filing of certificates under
this section up to 24 hours before arrival
of an imported product.’’ 15 U.S.C.
2063(g)(4). The Commission issued an
SNPR to require eFiling on December 8,
2023. 88 FR 85760.
Because certificates are required by
statute, this analysis focuses on the
burden for CPSC to accept, and
importers to provide, certificate data
elements electronically at the time of
entry filing, and not to collect and
maintain certificate data more generally.
Importer requirements in the Beta Pilot
test for providing certificate data
electronically at the time of entry filing
fall within the definition of ‘‘collection
of information,’’ as defined in 44 U.S.C.
3502(3).
Description of Respondents: Up to
2,000 importer participants who import
regulated consumer products within
CPSC’s jurisdiction.
Estimated Burden: We estimate the
burden of this collection of information
as follows: CPSC used information
provided by Alpha Pilot test
participants to inform the estimated
burden for the initial and expanded Beta
Pilot tests. In response to comments on
the estimated burden for the expanded
Beta Pilot test, we confirmed the PRA
burden estimate based on experience
from participants in the initial Beta Pilot
test, finding that CPSC’s burden
estimates accurately reflect the
experiences of Beta Pilot test
participants. Like the initial Beta Pilot
test, the burden from participating in
the expanded Beta Pilot test can be
broken down into the burden of
preparing for participation in the Pilot,
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
the burden of maintaining the data
elements separately, and as compared to
the Alpha Pilot test, the additional
burden of including the dates of
manufacturing and lab testing. Based on
feedback from the Alpha Pilot and Beta
Pilot test participants, for the expanded
Beta Pilot test, we assumed that many
more participants (90%) would opt to
exclusively use the Product Registry and
Reference PGA Message Set, while only
10% would opt to exclusively use the
Full PGA Message Set. Table 3 of the
2022 Beta Pilot Test Announcement
provides the total annual burden
estimate for the current Beta Pilot,
estimating 9,217 annual burden hours
from all participants, with an estimated
annual cost (combined for all
participants) of $404,764 (in 2021
dollars). 87 FR 35513, 35520. When
adjusted for inflation, the total
estimated annual cost to current Beta
Pilot test participants in 2023 is
$442,002.
CPSC estimates that the expanded
Beta Pilot test will have similar burden
per response and cost per response as
the participants in the current Beta Pilot
test, with the exception of burden from
survey responses, which will not be
required of the expanded Beta Pilot test
participants.8 Accordingly, CPSC
estimates that if an additional 2,000
importers participate, 1,800 participants
will use the Product Registry and
Reference PGA Message Set, while 200
participants will use the Full PGA
Message Set.
Tables 1–3 contain burden estimates
for the expanded Beta Pilot test, which
are in addition to the burden estimates
provided in the 2022 Beta Pilot Test
Announcement for up to 50
participants. Table 1 shows an
estimated 1,800 additional participants
will use the Reference PGA Message Set
and bear an annual burden of 265,600
hours, with an estimated total annual
cost for all participants of $13,593,303.9
8 The Supporting Statement for this burden
estimate, placed on Regulations.gov under CPSC
Docket No. CPSC–2022–0020 contains the estimates
for the existing Beta Pilot test and the expanded
Beta Pilot test.
9 The previous estimate for burden cost came
from wage data for survey and filing entry-line data
comes from the U.S. Bureau of Labor Statistics,
‘‘Employer Costs for Employee Compensation,’’
September 2021, Table 4, total compensation for all
sales and office workers in goods-producing private
industries: https://www.bls.gov/ncs/. For the
expanded Beta Pilot test, the costs per response
applied to participants are updated to 2023 dollars
using the BLS ‘‘Employment Cost Index’’ (url:
https://www.bls.gov/eci/tables.htm).
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TABLE 1—EXPANDED BETA PILOT TEST BURDEN ESTIMATES PRODUCT REGISTRY AND REFERENCE PGA MESSAGE SETS
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average cost
per response
Total annual
respondent
cost *
Product Registry Only
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
1,800
1
1,800
91
163,800
$5,382.47
$9,688,442
1,800
1,800
1
10,000
1,800
18,000,000
27
0.003
47,800
54,000
1,033.25
0.1136
1,859,851
2,045,010
Total ......................
........................
........................
18,003,600
........................
265,600
........................
13,593,303
* Note: Due to rounding the products and summations may be slightly off.
Table 2 shows an estimated 200
additional participants will use the Full
PGA Message Set and bear an annual
burden of 17,600 hours, and an
estimated total annual cost for all
participants of $943,532.
TABLE 2—EXPANDED BETA PILOT TEST BURDEN ESTIMATES FULL PGA MESSAGE SETS
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average cost
per response
Total annual
respondent
cost *
Full PGA Message set
Only
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
200
1
200
30
6,000
$2,451.54
$490,308
200
200
1
1,500
200
300,000
13
0.030
2,600
9,000
561.94
1.1361
112,388
340,835
Total ......................
........................
........................
300,400
........................
17,600
........................
943,532
* Note: Due to rounding the products and summations may be slightly off.
Table 3 provides the estimated total
burden for expanding the Beta Pilot test
of 283,000 burden hours for the 2,000
new participants, and an estimated total
annual cost for all participants of
$14,536,835.
TABLE 3—EXPANDED BETA PILOT TEST BURDEN ESTIMATES TOTAL OF PRODUCT REGISTRY/REFERENCE PGA MESSAGE
SETS AND FULL PGA MESSAGE SETS
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average cost
per response
Total annual
respondent
cost *
Total Burden
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
2,000
1
2,000
85
169,800
$5,089.38
$10,178,750
2,000
2,000
1
9,150
2,000
18,300,000
25
0.0034
50,400
63,000
986.12
0.1304
1,972,239
2,385,845
Total ......................
........................
........................
18,304,000
........................
283,200
........................
14,536,835
khammond on DSKJM1Z7X2PROD with NOTICES
* Note: Due to rounding the products and summations may be slightly off.
In compliance with the PRA of 1995
(44 U.S.C. 3507(d)), CPSC will submit
the additional expanded Beta Pilot test
information collection revision to the
OMB for review.
previous notices, participation in this or
any of the previous ACE tests is not
confidential and upon a written
Freedom of Information Act (FOIA)
request, a name(s) of an approved
VII. Confidentiality
All data submitted and entered into
ACE is subject to the Trade Secrets Act
(18 U.S.C. 1905) and is considered
confidential, except to the extent as
otherwise provided by law. As stated in
VerDate Sep<11>2014
16:45 Sep 09, 2024
Jkt 262001
PO 00000
participant(s) may be disclosed by CPSC
or CBP in accordance with 5 U.S.C. 552.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2024–20367 Filed 9–9–24; 8:45 am]
BILLING CODE 6355–01–P
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]]>Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73392-73397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20367]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2022-0020]
Electronic Filing of Certificate of Compliance Data: Announcement
of Expansion of Partner Government Agency Message Set Test and
Collection of Information Burden Estimate
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In a June 4, 2024, Federal Register notice, the U.S. Consumer
Product Safety Commission (CPSC), in consultation with U.S. Customs and
Border Protection (CBP), announced their joint intent to expand the
current Partner Government Agency (PGA) Message Set test (Beta Pilot
test) to include up to 2,000 additional participants. The expansion
will allow importers of regulated consumer products to voluntarily
participate in the test by electronically submitting (eFiling) data
from a certificate of compliance. Beta Pilot test participants will
eFile certificate data to the CBP-authorized Electronic Data
Interchange (EDI) system known as the Automated Commercial Environment
(ACE). In this notice, CPSC addresses two comments supporting the
expanded Beta Pilot test; CPSC did not revise its burden estimates
based on the comments. By publication of this notice, the Commission
announces that CPSC has submitted to the OMB a request for approval of
the collection of information, as proposed.
DATES:
Beta Pilot Test: Submit electronic requests to participate in the
expanded Beta Pilot test at any time after publication of this notice.
CPSC will allow participation until we reach 2,000 volunteers or until
an eFiling requirement becomes permanent, whichever comes first. CPSC
asks that each Beta Pilot test participant electronically file CPSC PGA
Message Set certificate data during the expanded Beta Pilot test.
Paperwork Reduction Act: Submit comments on the proposed expanded
collection of information by October 10, 2024 using the methods
described below in the ADDRESSES section of this preamble.
ADDRESSES:
Beta Pilot Test: Submit requests to participate in the Beta Pilot
test and any technical comments on CPSC's supplemental Customs and
Trade Automated Interface Requirements (CATAIR) guideline (available on
[[Page 73393]]
CPSC.gov \1\) through email to: [email protected]. Requests to
participate in the Beta Pilot test should contain the subject heading:
``Beta Pilot: Application to participate in Expanded PGA Message Set
Test.'' Technical comments on CPSC's supplemental CATAIR guideline
should contain the subject heading: ``Beta Pilot CATAIR Technical
Comments.''
---------------------------------------------------------------------------
\1\ https://www.cpsc.gov/eFiling-Document-Library.
---------------------------------------------------------------------------
Paperwork Reduction Act: Submit comments about the Paperwork
Reduction Act (PRA) burden estimate for the expanded Beta Pilot test,
identified by Docket No. CPSC-2022-0020, by any of the following
methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by email, except through www.regulations.gov. CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504-7479. If you wish to submit confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to https://www.regulations.gov. Do not submit
through this website: Confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2022-0020, into the ``Search'' box, and follow the
prompts. A copy of the ``Supporting Statement'' for this burden
estimate is available at: https://www.regulations.gov under Docket No.
CPSC-2022-0020, Supporting and Related Material.
FOR FURTHER INFORMATION CONTACT: Questions regarding the Beta Pilot
test, participation in the test, and the proposed expanded collection
of information should be directed to James Joholske, Director, Office
of Import Surveillance, U.S. Consumer Product Safety Commission, (301)
504-7527, [email protected]. Questions sent by email should
contain the subject heading: ``Beta Pilot: Question re Expanded PGA
Message Set Test.'' For technical questions regarding ACE or Automated
Broker Interface (ABI) transmissions, or the PGA message set data
transmission, please contact your assigned CBP client representative.
Interested parties without an assigned client representative should
submit an email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 10, 2022, CPSC announced in the Federal Register (87 FR
35513) a joint Beta Pilot test with CBP to assess eFiling certificate
data for regulated consumer products and substances under CPSC's
jurisdiction using CBP's PGA Message Set in ACE \2\ (Beta Pilot Test
Announcement). The notice sought up to 50 Beta Pilot participants and
provided a 60-day comment period for CPSC's Paperwork Reduction Act
(PRA) burden estimate for the Beta Pilot test. Pursuant to this notice,
CPSC received no comment on the burden estimates provided. On September
14, 2022, CPSC published in the Federal Register the required second
notice providing a 30-day public comment period on the burden estimates
for the Beta Pilot test, as required by the PRA. 87 FR 56407. CPSC
received no comments. Subsequently, the Office of Management and Budget
(OMB) assigned control number 3041-0193 for the Beta Pilot test.
---------------------------------------------------------------------------
\2\ ACE is CBP's automated electronic system through which it
collects importation and entry data, streamlining business processes
and ensuring cargo security and compliance with U.S. laws and
regulations.
---------------------------------------------------------------------------
In 2023, CPSC and CBP began the Beta Pilot test with 37 importer
participants, along with their trade partners, such as brokers and
laboratories. On December 8, 2023, CPSC published a supplemental notice
of proposed rulemaking (SNPR) to revise 16 CFR part 1110 to, among
other things, require eFiling of certificate data. 88 FR 85760. On June
4, 2024, CPSC and CBP announced in the Federal Register their joint
intent to expand the Beta Pilot test to include up to an additional
2,000 importer participants and to extend the Beta Pilot test until the
effective date of a final rule implementing an eFiling requirement (or
for up to three years, which is the length of a PRA control number
issued by the OMB). 89 FR 47922. The June 4th announcement provided a
60-day comment period, and CPSC received two comments, which we address
in section V of this notice. In accordance with the PRA, this notice
responds to comments and provides an additional 30-day comment period
on the PRA burden estimate for the Beta Pilot expansion.
CPSC's previous Beta Pilot Test Announcement (87 FR 35513, 35517-
18) discussed CBP and CPSC's legal authority to conduct the Beta Pilot
test. Additionally, the Beta Pilot Test Announcement and the recent
SNPR to revise 16 CFR part 1110 explained CPSC's authority to require
electronic filing of certificate data at the time of entry, or entry
summary, if both are filed together. 87 FR 35513, 35518; 88 FR 85760,
85760-62.
A. Expansion of the Beta Pilot Test 3
---------------------------------------------------------------------------
\3\ On September 4, 2024, the Commission voted (5-0) to publish
this notice.
---------------------------------------------------------------------------
The June 10, 2022, Beta Pilot Test Announcement explained CPSC's
authority to require eFiling, the Alpha Pilot,\4\ and the Beta Pilot
test, including its purpose, structure, and burden. 87 FR 35513. The
Beta Pilot Test Announcement also described the Commission's direction
for an eFiling Program, explaining that on December 18, 2020, the
Commission approved staff's recommended plan to implement a permanent
eFiling program at CPSC.\5\ The Beta Pilot test and the December 8,
2023, SNPR (88 FR 85760) are in furtherance of CPSC's eFiling Program.
CPSC and CBP are expanding the Beta Pilot test (expanded Beta Pilot
test) to allow importers of regulated consumer
[[Page 73394]]
products and substances to voluntarily participate in the eFiling
program.
---------------------------------------------------------------------------
\4\ The eFiling Alpha Pilot test was a six-month joint
initiative between CPSC and CBP that assessed the infrastructure and
processes necessary for electronic filing of data, and successfully
demonstrated the ability of eight U.S. importers, their customs
brokers, CBP, and CPSC to work together to gather and electronically
file these data at import. CPSC staff provided a report on the
pilot, which is available at: https://www.cpsc.gov/s3fs-public/eFiling_Alpha_ Pilot_Evaluation_Report-
May_24_2017.pdf?uK.UhjHabKD5yjQ.1w06tudrnvuuWIra, published April
2017.
\5\ The 2020 staff briefing package to implement an eFiling
program at CPSC is available at: https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=. The Record of
Commission Action is available at: https://www.cpsc.gov/s3fs-public/RCA-CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf.
---------------------------------------------------------------------------
The expanded Beta Pilot test provides additional members of the
import community more time to gradually prepare for and begin eFiling
PGA Message Sets. Similar to the initial Beta Pilot test, the expanded
test involves eFiling certificate data for regulated consumer products
and substances under CPSC's jurisdiction that are classified under
approximately 2,500 Harmonized Tariff Schedule (HTS) codes.\6\
---------------------------------------------------------------------------
\6\ The Beta Pilot test originally cited to 300 HTS codes within
the scope of the pilot. 87 FR 35514; 89 FR 47923. However, in
preparation for a final eFiling requirement, CPSC staff reviewed all
HTS codes to identify codes under which regulated consumer products
may be classified for entry, and have updated the list of applicable
HTS codes to include approximately 2,500 codes, available at:
www.cpsc.gov/eFiling. This list serves as guidance for Beta Pilot
test participants. For example, the products classified under the
approximately 300 HTS codes that participants should expect to be
tested in the expanded Beta Pilot, include, but are not limited to:
All Terrain Vehicles (ATVs); durable infant or toddler products,
such as baby carriages, cribs, and safety gates; children's
furniture, backpacks, and school supplies; bicycle helmets; bicycles
and other electric-powered cycles; clothing (sleepwear, outerwear,
infant articles, potentially flammable adult clothing articles);
drywall; fireworks; children's jewelry; lighters; liquid nicotine;
mattresses; pacifiers and rattles; rugs; and toys.
---------------------------------------------------------------------------
The expanded Beta Pilot test will allow CPSC to further scale up
the information technology (IT), procedural, and processing
requirements of the Product Registry and the Risk Assessment
Methodology system (RAM) before the anticipated full implementation.
For example, CPSC will scale up IT systems to accept data for regulated
consumer products from more importers; refine the required
infrastructure for the real-time collection and use of data; and
continue development of internal and external procedures to supply,
use, and maintain certificate data. Expanding the Beta Pilot test also
enables CPSC to continue developing RAM algorithms to triage import
data received from CBP to detect more effectively noncompliant consumer
products arriving at ports of entry.
To accommodate expansion of the Beta Pilot test, this notice seeks
up to 2,000 additional participants and revises CPSC's PRA analysis to
accommodate these additional participants by revising the estimated
annual burden to participants.
B. Use of the Automated Commercial Environment
CPSC is conducting the expanded Beta Pilot test in coordination
with CBP and using the ACE system through which CBP collects
importation and entry data, thus streamlining business processes and
ensuring cargo security and compliance with U.S. laws and regulations.
CBP developed ACE as the ``single window'' for the trade community to
comply with the International Trade Data System (ITDS) requirement
established by the Security and Accountability for Every (SAFE) Port
Act of 2006. Trade filers must submit data to ACE using an EDI system,
such as the Automated Broker Interface (ABI). Commercial trade
participants, or the licensed customs brokers acting on their behalf,
can electronically file entry data in ACE using ABI. A PGA Message Set
allows the trade to enter agency-specific data along with entry data,
through ABI, and for PGAs, such as CPSC, to receive this additional
trade-related data.
II. Beta Pilot Test: Certificate Data
The expanded Beta Pilot test will follow the same structure as the
existing Beta Pilot test, with two different methods of filing
certificate data using the PGA Message Set: (1) filing a minimum of
seven data elements (Full PGA Message Set), or (2) filing only a
reference to certificate data stored in a Product Registry maintained
by CPSC (Reference PGA Message Set). Participants submit certificate
data for regulated finished products, either as the Full PGA Message
Set or the Reference PGA Message Set, in ACE at the time of entry
filing or entry summary filing if both entry and entry summary are
filed together. CBP then makes available to CPSC the PGA Message Set
data and its corresponding entry data, for CPSC's validation, risk
assessment, and admissibility consideration at entry, thereby
facilitating compliant trade as well as sharpening CPSC focus on
noncompliant trade. CPSC staff uses eFiled certificate data to review
consumer product entry requirements and allow for earlier risk-based
hold decisions and admissibility considerations. Additionally, because
it is electronic, the PGA Message Set will eliminate or substantially
reduce the necessity for submission and subsequent handling of paper
documents. Section II of the 2022 Beta Pilot Test Announcement details
the expected PGA Message Set data from a certificate of compliance as
well as the methods for filing such data. 87 FR 35513, 35516-17.
CPSC's supplemental CATAIR guideline on filing certificate data
through the PGA Message Set describes the technical specifications for
filing during the expanded Beta Pilot test, as well as the Product
Registry and Reference PGA Message Set.\7\ Technical comments on CPSC's
supplemental CATAIR guideline should be submitted in accordance with
the instructions in the ADDRESSES section at the beginning of this
notice.
---------------------------------------------------------------------------
\7\ Footnote 1, supra, contains a link to CPSC's CATAIR.
---------------------------------------------------------------------------
III. Beta Pilot Test Participant Eligibility, Selection Criteria, and
Responsibilities
This document reannounces CPSC's plan, in consultation with CBP, to
expand the number of Beta Pilot test participants from 50 up to an
additional 2,000 importers, and to extend the Beta Pilot test period
from six months to up to three years, the length of time for an OMB
control number, or until an effective date of a final rule implementing
an eFiling requirement. Accordingly, CPSC and CBP seek additional Beta
Pilot test participants. U.S.-based importers with an assortment of
CPSC-regulated products may participate in the Beta Pilot test. To be
eligible to apply as a test participant, the applicant must:
Import regulated consumer products within the Commission's
jurisdiction;
File consumption entries and entry summaries in ACE, or
have a broker who files in ACE;
Use a software program that has completed ACE
certification testing for the PGA Message Set; and
Work with CPSC and CBP to test electronic filing of data
using ABI to file through the Message Set, or references to certificate
data in the Product Registry.
CPSC anticipates that the benefits of participation in the Beta
Pilot test may include, but will not necessarily be limited to:
Opportunity to work directly with CBP and CPSC in the pre-
implementation stage of the requirement to file certificate data; and
Ability to trouble-shoot systems and procedures.
IV. Application Process and Test Duration
Any importer seeking to participate in the test should email their
company name, contact information, importer of record number(s), filer
code(s), and an explanation of how they satisfy the requirements for
participation to the address listed at the beginning of this notice.
CPSC will notify expanded Beta Pilot test applicants of approval to
participate by email and will work with importers to onboard into the
Pilot on
[[Page 73395]]
a first come, first served basis. Depending on the level of interest,
CPSC may restrict on-boarding of new participants, at least in the
beginning of the expanded Beta Pilot test, to accommodate all
participants successfully and smoothly.
V. Comment Responses
We received two comments, discussing six issues, in response to the
June 4th notice regarding the expanded Beta Pilot test. Both commenters
support the expanded Beta Pilot test. However, the commenters also
raised several issues that are out-of-scope for this PRA notice, in
that they do not address the revised burden estimate for an expanded
Beta Pilot test, but rather relate to the SNPR to revise 16 CFR part
1110. Below we summarize and respond to each issue raised by the
commenters.
Comment 1: The Retail Industry Leaders Association (RILA) asserts
that the burden estimate in the June 4th expanded Beta Pilot test
notice does not fully account for the time to support gathering and
submitting data elements and only reflects the burden of gathering and
submitting data for a limited quantity of products and their
corresponding fillings. RILA states that their members' approximations
of the burden hours per importer are nearly double, if not more, than
those of the Commission's estimates, depending on the overall size of
the retailer and volume and variety of imported goods. RILA references
two Beta Pilot participants; one estimated an annual burden of
approximately 500 hours and another estimated an annual burden of
15,700 hours.
Response 1: One purpose of the eFiling Beta Pilot is to gain
experience on the burden that importers may experience and inform the
SNPR to update 16 CFR 1110. Experience from the limited quantity of
products and filings from the initial Beta Pilot test has yielded
useful information about participant's burden in an expanded Beta Pilot
test. Participants are not choosing to eFile certificates for all of
their imported, regulated products during the Beta Pilot. Accordingly,
the PRA burden estimate is based on the estimated number of filings
during the expanded Beta Pilot test, and not full implementation of
eFiling for all regulated, imported products. We acknowledge that
mandatory eFiling for all regulated, imported products and substances
would likely take additional time and increase the PRA burden estimate.
CPSC will provide this more fulsome estimate in the PRA burden for a
final rule to revise 16 CFR part 1110. For the expanded Beta Pilot
test, because firms are not required to file certificates for every
imported, regulated product subject to a CPSC rule, ban, standard, or
regulation, CPSC's burden estimate accurately reflects importers'
expected eFiling activity.
With respect to expected annual burden, through staff's engagement
with Beta Pilot participants, staff observed variation in the burden
from the Beta Pilot with participants on average taking less than 200
hours to participate, but some participants taking significantly more
time. Variation also occurs in the number of certificates that
participants file and the duration of their participation. Thus, the
annual burden for larger firms filing many products would likely be
greater than the burden for medium or smaller-sized importers. As such,
the burden per product certificate filed is a better, more accurate
metric to account for the variation in the expected filing burden that
the commenter references. CPSC will consider the experience of Beta
Pilot test participants when finalizing the burden estimate for the
final rule to revise part 1110; however, participation in the expanded
Beta Pilot test is voluntary and does not require routine eFiling of
certificates for all products subject to a CPSC rule, ban, standard, or
regulation. Therefore, the current burden estimate accurately reflects
importer's expected participation burden in the expanded Beta Pilot.
Comment 2: RILA questions whether the burden estimate accounts for
expected holds and associated delays of imports due to eFiling errors.
RILA also questions whether the disclaim process for products that are
exempted or excluded is included in the burden analysis, stating that
disclaims increase burden on firms.
Response 2: Importers participating in the expanded Beta Pilot test
will not experience delay of their shipments due to eFiling errors and,
therefore, will not experience additional paperwork burden under the
PRA. The purpose of the expanded Beta Pilot test is to introduce
importers to eFiling prior to implementation of a final rule to require
eFiling, and allow CPSC to further scale up the IT, procedural, and
processing requirements of the Product Registry and the RAM before the
anticipated full implementation. Even at that point, CPSC does not
intend to delay shipments for eFiling errors, but instead will use the
certificate data for risk scoring of shipments.
Furthermore, the disclaim process was optional during the initial
Beta Pilot test and remains optional during the expanded Beta Pilot
test; importers do not need to disclaim products if they choose not to.
Like the initial Beta Pilot test, the estimated burden analysis for the
expanded Beta Pilot test is based on overall participation and
considers all types of filing, including disclaims. Therefore, the
optional disclaim process is already reflected in the PRA burden
estimate.
Out-of-Scope Comments: CPSC received several comments that are out-
of-scope, in that they do not address the revised burden estimate for
an expanded Beta Pilot test, including:
The Information Technology Industry Council (ITI) alleges
that CPSC is moving forward with the eFiling rule without adequately
considering products subject to Reese's Law, applicable to consumer
products containing button cell or coin batteries. ITI notes that
CPSC's guidance documents posted on its eFiling Document Library web
page do not address some of the nuances for products containing button
cell or coin batteries.
ITI states that an import-centric registration methodology
in the Product Registry will create a ``logistics nightmare'' for U.S.
companies that use information and communications technology (ICT)
equipment.
RILA reiterates its comments on the SNPR to revise 16 CFR
1110. RILA states that the timeline for proposed implementation does
not account for time needed to plan and standup attendant system
upgrades to fully implement eFiling. RILA recommends a minimum of 18
months for implementation of a final rule.
RILA encourages CPSC to increase clarity and guidance for
implementation of eFiling, specifically requesting that CPSC address
reporting logic on all products in its jurisdiction and publish a clear
and publicly available list of flagged Harmonized Tariff Schedule (HTS)
codes.
Response to Out-of-Scope Comments: These comments from ITI and RILA
are related to the SNPR to revise 16 CFR part 1110 through a final
rule, and are not related to the burden estimate for the expanded Beta
Pilot test. To the extent that these comments are relevant to the final
rule to revise 16 CFR part 1110, the Commission will consider these
comments in the final rule.
CPSC has answered many questions regarding implementation of
eFiling, and the function of the Product Registry, in speaking
engagements, webinars, and documents on our website at www.cpsc.gov/eFiling. CPSC will continue to educate industry about eFiling,
including guidance material and videos, and will specifically
[[Page 73396]]
address ITI's practice-related questions in future guidance.
VI. Paperwork Reduction Act
The Beta Pilot test contains information collection requirements
that are subject to public comment and review by OMB under the PRA of
1995 (44 U.S.C. 3501-3521). CPSC previously received an OMB control
number for the existing Beta Pilot test: 3041-0193. CPSC now seeks to
expand the number of participants in this test up to an additional
2,000 and extend the test duration for up to three additional years
(2027), which is the length of time for an OMB control number, or until
an effective date of a final rule implementing an eFiling requirement.
In this document, pursuant to 44 U.S.C. 3507(a)(1)(D), we set forth:
a title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and
the proposed use of the information;
a description of the likely respondents and proposed
frequency of responses to the collection of information;
an estimate of the burden that shall result from the
collection of information; and
notice that comments may be submitted to the OMB.
Title: Beta Pilot Test for eFiling Certificates of Compliance.
Description: During the Beta Pilot test of CBP's PGA Message Set
abilities through ACE, up to an additional 2,000 participating
importers of regulated consumer products will electronically file the
requested certificate data, comprised of seven data elements, at the
time of entry filing, or entry summary filing, if both entry and entry
summary are filed together. Participants will have two ways to file
certificate data during the Beta Pilot test: (1) filing certificate
data in a CPSC-maintained Product Registry, and filing a reference
number in ACE to this data set, through ABI, each time the product is
imported thereafter (Reference PGA Message Set), or (2) filing all
certificate data elements directly through ABI each time the product is
imported (Full PGA Message Set). CPSC will receive the information from
CBP through a real-time transfer of import data, and the agency will
risk score the information in CPSC's RAM system to assist in the
interdiction of noncompliant consumer products.
As set forth in section V.B of the Beta Pilot Test Announcement (87
FR 35513, 35517-18), the requirement to create and maintain
certificates, including the data elements, is set forth in section 14
of the Consumer Product Safety Act (CPSA). Section 14(a) of the CPSA
requires manufacturers (including importers) and private labelers of
certain regulated consumer products manufactured outside the United
States to test and issue a certificate attesting such products as
compliant with applicable laws and regulations before importation. 15
U.S.C. 2063(a). Section 14(g)(1) of the CPSA describes the data
required on a certificate. Section 14(g)(3) requires a certificate to
accompany the applicable product or shipment of products covered by the
certificate, and that certifiers must furnish the certificate to each
distributor or retailer of the product. Upon request, certificates must
also be furnished to CPSC and CBP. Section 14(g)(4) provides that
``[i]n consultation with the Commissioner of Customs, the Commission
may, by rule, provide for the electronic filing of certificates under
this section up to 24 hours before arrival of an imported product.'' 15
U.S.C. 2063(g)(4). The Commission issued an SNPR to require eFiling on
December 8, 2023. 88 FR 85760.
Because certificates are required by statute, this analysis focuses
on the burden for CPSC to accept, and importers to provide, certificate
data elements electronically at the time of entry filing, and not to
collect and maintain certificate data more generally. Importer
requirements in the Beta Pilot test for providing certificate data
electronically at the time of entry filing fall within the definition
of ``collection of information,'' as defined in 44 U.S.C. 3502(3).
Description of Respondents: Up to 2,000 importer participants who
import regulated consumer products within CPSC's jurisdiction.
Estimated Burden: We estimate the burden of this collection of
information as follows: CPSC used information provided by Alpha Pilot
test participants to inform the estimated burden for the initial and
expanded Beta Pilot tests. In response to comments on the estimated
burden for the expanded Beta Pilot test, we confirmed the PRA burden
estimate based on experience from participants in the initial Beta
Pilot test, finding that CPSC's burden estimates accurately reflect the
experiences of Beta Pilot test participants. Like the initial Beta
Pilot test, the burden from participating in the expanded Beta Pilot
test can be broken down into the burden of preparing for participation
in the Pilot, the burden of maintaining the data elements separately,
and as compared to the Alpha Pilot test, the additional burden of
including the dates of manufacturing and lab testing. Based on feedback
from the Alpha Pilot and Beta Pilot test participants, for the expanded
Beta Pilot test, we assumed that many more participants (90%) would opt
to exclusively use the Product Registry and Reference PGA Message Set,
while only 10% would opt to exclusively use the Full PGA Message Set.
Table 3 of the 2022 Beta Pilot Test Announcement provides the total
annual burden estimate for the current Beta Pilot, estimating 9,217
annual burden hours from all participants, with an estimated annual
cost (combined for all participants) of $404,764 (in 2021 dollars). 87
FR 35513, 35520. When adjusted for inflation, the total estimated
annual cost to current Beta Pilot test participants in 2023 is
$442,002.
CPSC estimates that the expanded Beta Pilot test will have similar
burden per response and cost per response as the participants in the
current Beta Pilot test, with the exception of burden from survey
responses, which will not be required of the expanded Beta Pilot test
participants.\8\ Accordingly, CPSC estimates that if an additional
2,000 importers participate, 1,800 participants will use the Product
Registry and Reference PGA Message Set, while 200 participants will use
the Full PGA Message Set.
---------------------------------------------------------------------------
\8\ The Supporting Statement for this burden estimate, placed on
Regulations.gov under CPSC Docket No. CPSC-2022-0020 contains the
estimates for the existing Beta Pilot test and the expanded Beta
Pilot test.
---------------------------------------------------------------------------
Tables 1-3 contain burden estimates for the expanded Beta Pilot
test, which are in addition to the burden estimates provided in the
2022 Beta Pilot Test Announcement for up to 50 participants. Table 1
shows an estimated 1,800 additional participants will use the Reference
PGA Message Set and bear an annual burden of 265,600 hours, with an
estimated total annual cost for all participants of $13,593,303.\9\
---------------------------------------------------------------------------
\9\ The previous estimate for burden cost came from wage data
for survey and filing entry-line data comes from the U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,''
September 2021, Table 4, total compensation for all sales and office
workers in goods-producing private industries: https://www.bls.gov/ncs/. For the expanded Beta Pilot test, the costs per response
applied to participants are updated to 2023 dollars using the BLS
``Employment Cost Index'' (url: https://www.bls.gov/eci/tables.htm).
[[Page 73397]]
Table 1--Expanded Beta Pilot Test Burden Estimates Product Registry and Reference PGA Message Sets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Product Registry Only A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 1,800 1 1,800 91 163,800 $5,382.47 $9,688,442
Gathering and Submitting Data Elements.. 1,800 1 1,800 27 47,800 1,033.25 1,859,851
Filing Entry-Line....................... 1,800 10,000 18,000,000 0.003 54,000 0.1136 2,045,010
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 18,003,600 .............. 265,600 .............. 13,593,303
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
Table 2 shows an estimated 200 additional participants will use the
Full PGA Message Set and bear an annual burden of 17,600 hours, and an
estimated total annual cost for all participants of $943,532.
Table 2--Expanded Beta Pilot Test Burden Estimates Full PGA Message Sets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Full PGA Message set Only A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 200 1 200 30 6,000 $2,451.54 $490,308
Gathering and Submitting Data Elements.. 200 1 200 13 2,600 561.94 112,388
Filing Entry-Line....................... 200 1,500 300,000 0.030 9,000 1.1361 340,835
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 300,400 .............. 17,600 .............. 943,532
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
Table 3 provides the estimated total burden for expanding the Beta
Pilot test of 283,000 burden hours for the 2,000 new participants, and
an estimated total annual cost for all participants of $14,536,835.
Table 3--Expanded Beta Pilot Test Burden Estimates Total of Product Registry/Reference PGA Message Sets and Full PGA Message Sets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Total Burden A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 2,000 1 2,000 85 169,800 $5,089.38 $10,178,750
Gathering and Submitting Data Elements.. 2,000 1 2,000 25 50,400 986.12 1,972,239
Filing Entry-Line....................... 2,000 9,150 18,300,000 0.0034 63,000 0.1304 2,385,845
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 18,304,000 .............. 283,200 .............. 14,536,835
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
In compliance with the PRA of 1995 (44 U.S.C. 3507(d)), CPSC will
submit the additional expanded Beta Pilot test information collection
revision to the OMB for review.
VII. Confidentiality
All data submitted and entered into ACE is subject to the Trade
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to
the extent as otherwise provided by law. As stated in previous notices,
participation in this or any of the previous ACE tests is not
confidential and upon a written Freedom of Information Act (FOIA)
request, a name(s) of an approved participant(s) may be disclosed by
CPSC or CBP in accordance with 5 U.S.C. 552.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-20367 Filed 9-9-24; 8:45 am]
BILLING CODE 6355-01-P
