[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6098-6101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02206]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program (NCAP) Test 
Concerning the use of the Partner Government Agency Message Set through 
the Automated Commercial Environment (ACE) for the Submission of 
Certain Data Required by the Environmental Protection Agency (EPA)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning the transmission of electronic filings through the 
Automated Commercial Environment (ACE), known as the Partner Government 
Agency (PGA) Message Set test. This modification expands the use of the 
ACE PGA Message Set to transmit Environmental Protection Agency (EPA) 
Notice of Arrival of Pesticides and Devices (NOA) import data in the 
ocean and rail modes of transportation. PGA Message Set data may be 
submitted only for certain entries filed at certain ports.
    This modified test is in furtherance of key CBP International Trade 
Data System (ITDS) initiatives as provided in the Security and 
Accountability For Every Port Act (SAFE) of 2006 to achieve the vision 
of ACE as the single window for the Government and trade community by 
automating and enhancing the interaction between international trade 
partners, CBP, and PGAs by facilitating electronic collection, 
processing, sharing, and review of trade data and documents required by 
Federal agencies during the cargo import and export process. The 
initiatives will significantly increase efficiency and reduce costs 
over the manual, paper-based interactions that have been in place. The 
PGA Message Set will improve communication

[[Page 6099]]

between agencies and filers regarding imports and when applicable, will 
allow test participants to submit the required data once rather than 
submitting data separately to each agency, resulting in quicker 
processing. During this test, participants will collaborate with CBP 
and EPA to examine the effectiveness of the single window capability.
    This notice invites public comment concerning the test program, 
provides legal authority for the test, explains the purpose of the test 
and test participant responsibilities, identifies the regulations that 
will be waived under the test, provides eligibility and selection 
criteria for participation in the test, provides a link to a list of 
ports that are accepting PGA Message Set data under this test, explains 
the application process, and determines the duration of the test. This 
document also explains the repercussions and appeals process for 
misconduct under the test.

DATES: The modified PGA Message Set test will commence no earlier than 
April 15, 2015, and will continue until concluded by way of 
announcement in the Federal Register. Comments will be accepted through 
the duration of the test.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Josephine 
Baiamonte, ACE Business Office (ABO), Office of International Trade at 
<a href="/cdn-cgi/l/email-protection#563c392533263e3f38337834373f373b393822331635342678323e2578313920"><span class="__cf_email__" data-cfemail="3a5055495f4a5253545f14585b535b5755544e5f7a59584a145e5249145d554c">[email protected]</span></a>. In the subject line of your email, 
please indicate, ``Comment on PGA Message Set Test FRN''.

FOR FURTHER INFORMATION CONTACT: For PGA related questions, contact 
Elizabeth McQueen at <a href="/cdn-cgi/l/email-protection#1b7e7772617a797e6f733576786a6e7e7e755b78796b357f7368357c746d"><span class="__cf_email__" data-cfemail="e98c858093888b8c9d81c7848a989c8c8c87a98a8b99c78d819ac78e869f">[email protected]</span></a>. For technical 
questions related to the Automated Commercial Environment (ACE) or 
Automated Broker Interface
    (ABI) transmissions, contact your assigned client representative. 
Interested parties without an assigned client representative should 
direct their questions to Steven Zaccaro at 
<a href="/cdn-cgi/l/email-protection#5320273625363d7d397d2932303032213c133031237d373b207d343c25"><span class="__cf_email__" data-cfemail="b5c6c1d0c3d0db9bdf9bcfd4d6d6d4c7daf5d6d7c59bd1ddc69bd2dac3">[email protected]</span></a> with the subject heading ``PGA Message Set 
EPA NOA Test FRN-Request to Participate''.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2013, U.S. Customs and Border Protection (CBP) 
published in the Federal Register a notice announcing a National 
Customs Automation Program (NCAP) test called the Partner Government 
Agency (PGA) Message Set test. See 78 FR 75931. The PGA Message Set is 
the data needed to satisfy the PGA reporting requirements. ACE enables 
the message set by acting as the ``single window'' for the submission 
of trade-related data required by the PGAs only once to CBP. This data 
must be submitted at any time prior to the arrival of the merchandise 
on the conveyance transporting the cargo to the United States as part 
of an ACE Cargo Release. The data will be validated and made available 
to the relevant PGAs involved in import, export, and transportation-
related decision making. The data will be used to fulfill merchandise 
entry requirements and will allow for earlier release decisions and 
more certainty for the importer in determining the logistics of cargo 
delivery. Also, by virtue of being electronic, the PGA Message Set will 
eliminate the necessity for the submission and subsequent handling of 
paper documents.
    The December 2013 Federal Register notice announced that ACE would 
be accepting certain PGA data elements for the Environmental Protection 
Agency (EPA) and the U.S. Department of Agriculture, Food Safety and 
Inspection Service (FSIS) for type ``01'' (consumption) and type ``11'' 
(informal) commercial entries filed at specified ports. These data 
elements are generally those found in the current paper form (EPA Forms 
3520-1 and 3520-21; and FSIS Form 9540-1) and also include data 
submissions related to Ozone Depleting Substances (ODS) imports, which 
are currently handled via phone and email. The December 2013 Federal 
Register notice also provides additional background on the NCAP and the 
International Trade Data System (ITDS). See 78 FR 75931.
    This document announces CBP's plan to expand the PGA Message Set 
test to now also include electronic filings of the EPA Notice of 
Arrival of Pesticides and Devices (NOA). This new PGA Message Set 
capability will satisfy the EPA NOA data requirements for formal and 
informal consumption entries through electronic filing in ACE as 
opposed to filing in paper.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments in Entry, 
Summary, Accounts and Revenue (ESAR) is set forth below in Section XII, 
entitled, ``Development of ACE Prototypes''. The procedures and 
criteria related to participation in the previous ACE notices remain in 
effect unless otherwise explicitly changed by this or subsequent 
notices published in the Federal Register.

I. Authorization for the Test

    The Customs Modernization provisions in the North American Free 
Trade Agreement Implementation Act provide the Commissioner of CBP with 
authority to conduct limited test programs or procedures designed to 
evaluate planned components of the NCAP. This test is authorized 
pursuant to Sec.  101.9(b) of title 19 of the Code of Federal 
Regulations (19 CFR 101.9(b)) which provides for the testing of NCAP 
programs or procedures. See Treasury Decision (T.D.) 95-21.

II. Partner Government Agency Message Set

    At this time, CBP is expanding the use of the PGA Message set to 
include electronic filings of the EPA Notice of Arrival of Pesticides 
and Devices (NOA) for type ``01'' (consumption) and type ``11'' 
(informal) commercial entries filed at specified ports. The data 
elements are those found in the current paper form (EPA Form 3540-1, 
Notice of Arrival of Pesticides and Devices). The NOA data elements are 
set forth in the supplemental Customs and Trade Automated Interface 
Requirements (CATAIR) guidelines for EPA. These technical 
specifications, including the CATAIR chapters and applicable Harmonized 
Tariff Schedule of the United States (HTSUS) codes, can be found at the 
following link: http://www.cbp.gov/document/forms/epa-supplemental-catair-guidelines.
    At this time, a limited number of ports will be accepting PGA 
Message Set data. A list of those ports is provided on the following 
Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports. CBP may expand to additional ports in the 
future. Test participants should monitor the Web site for updates to 
the list of ports accepting PGA Message Set data.

III. The Environmental Protection Agency (EPA) Notice of Arrival of 
Pesticides and Devices

    Section 17(c) of the Federal Insecticide, Fungicide and Rodenticide 
Act, 7 U.S.C. Sec.  136o(c), provides that the Secretary of the 
Treasury [CBP] shall notify the Administrator of EPA of the arrival of 
pesticides and devices into the United States. 19 CFR Sec.  12.112 
states that an importer desiring to import pesticides into the United 
States shall submit a Notice of Arrival of Pesticides and Devices (EPA 
Form 3540-1) to the Administrator of EPA. In practice, importers or 
brokers file the notice of arrival for these products. The NOA requires 
the identification and contact information of parties involved in the

[[Page 6100]]

importation of the pesticide or device as well as information on the 
identity of the imported pesticide or device.
    Importers of pesticides or devices are required to file a copy of 
the NOA prior to arrival of the shipment, generally on paper. Most of 
the time prior to arrival, the NOA is first filed with an EPA Import 
Coordinator in the region where the Port of Entry is located. Delivery 
costs are incurred. EPA staff review the NOA and make a determination 
as to whether the shipment should be released, detained, or refused. 
This involves manual checking of key information against EPA data 
bases. The NOA is signed and returned to the importer. It is presented 
to the CBP official at the time of entry along with other required 
documentation. The current process is costly and inefficient because it 
relies on paper and ink signatures, and manual data validation and 
error correction. The review process can take several days during which 
more costs may be incurred for storage.
    This document announces CBP's plan to allow the use of the PGA 
Message Set for electronic filings of the EPA Notice of Arrival of 
Pesticides and Devices (NOA) to satisfy the NOA data requirements for 
formal and informal consumption entries as opposed to filing in paper.
    The electronic NOA will be filed once through the single window 
with both EPA and CBP for pre-arrival using the PGA Message Set. This 
will eliminate these separate paperwork filings to both agencies for 
participating importers and as a result, reduce the overall paperwork 
burden on the importer and port associated with these EPA regulated 
shipments. It will also significantly reduce the initial processing/
review time for the NOAs (often from days to minutes), provide 
consistency of this review across all EPA regions, and eliminate the 
delivery service charges for the paper form. The electronic filing will 
also allow electronic checks of certain mandatory information including 
registration numbers which facilitates pre-arrival admissibility 
verifications, thereby focusing CBP and EPA resources on shipments of 
interest, as well as providing feedback to the filer.
    At this time, the test will include only entries originating in the 
ocean and rail environment. Truck and air modes of transportation will 
be included in later stages of the test. Upon acceptance into this 
test, participants will be required to transmit the NOA data elements 
for entries originating in the ocean and rail environments, as 
specified in this notice.

IV. Test Participant Responsibilities

    PGA Message Set test participants will be required to:
    Transmit the applicable data with the ports that are accepting the 
ACE PGA Message Set data. A current list of those ports are posted on 
the following Web site: http://www.cbp.gov/document/guidance/list-aceitds-pga-message-set-pilot-ports.
    <bullet> Transmit, when applicable, the data elements contained in 
the Notice of Arrival of Pesticides and Devices (NOA--EPA Form 3540-1) 
form using the PGA Message Set. This information must be electronically 
transmitted to ACE using the ACE Entry Summary at any time prior to the 
arrival of the merchandise on the conveyance transporting the cargo to 
the United States;
    <bullet> Transmit PGA Message Set import filings only as part of an 
ACE Entry Summary certified for cargo release;
    <bullet> Transmit import filings to CBP via ABI in response to a 
request for documentation or in response to a request for release 
information for certified ACE Cargo Release;
    <bullet> Only transmit to CBP information that has been requested 
by CBP or the EPA; and
    <bullet> Take part in a CBP evaluation of this test.
    Participants are reminded that they should only file documents that 
CBP can accept electronically. The documents CBP can accept 
electronically are set forth in the Federal Register (79 FR 36083) 
notice announcing expansion of the Document Image System (DIS) Test 
(see Section XIV below) and in the PGA Message Set part of the CATAIR 
using the Automated Broker Interface. If CBP cannot accept the 
additional information electronically, the filer must file the 
additional information by paper. See 78 FR 75931 at 75934-35 (December 
13, 2013), for information on Confidentiality (Section XIII) and 
Misconduct under the PGA Message Set Test (Section XIV).

V. Waiver of Regulation under the Test

    For purposes of this test, 19 CFR 12.110--12.117 will be waived for 
test participants only insofar as eliminating any requirement that may 
appear in these regulations to file a paper version of EPA Form 3540-1 
(Notice of Arrival of Pesticides and Devices). In its place, test 
participants are required to transmit electronically the data, elements 
contained in EPA Form 3540-1 (Notice of Arrival of Pesticides and 
Devices). This document does not waive any recordkeeping requirements 
found in part 163 of title 19 of the CFR (19 CFR part 163) and the 
Appendix to part 163 (commonly known as the ``(a)(1)(A) list'').

VI. Eligibility Criteria

    As announced in this notice, the use of the PGA Message Set test is 
expanding to accept EPA NOA data elements. All other eligibility 
criteria as specified in prior PGA Message Set test notices remain the 
same. To be eligible to apply for this test, the applicant must:
    <bullet> Be a self-filing importer who has the ability to file ACE 
Entry Summaries certified for cargo release or a broker who has the 
ability to file ACE Entry Summaries certified for cargo release; and
    <bullet> File entries for EPA commodities that are the subject of 
this test at the ports that are accepting PGA Message Set data.
    Except for those interested in participating in the Ozone Depleting 
Substances portion of the test (announced in 78 FR 75931, December 13, 
2013), CBP will accept an unlimited number of participants for the 
test.
    Test applicants must meet the eligibility criteria described in 
this document to participate in the test program.

VII. Application Process

    Any party seeking to participate in the modified PGA Message Set 
test, including those previously accepted into the PGA Message Set test 
announced in December 2013 (78 FR 75931), should email their CBP Client 
Representative, ACE Business Office (ABO), Office of International 
Trade to request participation in the modified test. Interested parties 
without an assigned client representative should submit an email to 
Steven Zaccaro at <a href="/cdn-cgi/l/email-protection#5b282f3e2d3e35753175213a38383a29341b38392b753f3328753c342d"><span class="__cf_email__" data-cfemail="394a4d5c4f5c5717531743585a5a584b56795a5b49175d514a175e564f">[email protected]</span></a> with the subject heading 
``PGA Message Set EPA NOA Test FRN-Request to Participate''.
    Emails sent to the CBP client representative or to Steven Zaccaro 
must include the applicant's filer code and the port(s) at which they 
are interested in filing the appropriate PGA Message Set information. 
At this time, PGA Message Set data may be submitted only for entries 
filed at certain ports. A current listing of those ports may be found 
on the following Web site: http://www.cbp.gov/document/guidance/ace-cargo-release-pilot-ports.
    Client representatives will work with test participants to provide 
information regarding the transmission of this data. CBP will begin to 
accept applications upon the date of publication of this notice and 
will continue to accept applications throughout the duration of

[[Page 6101]]

the test. CBP will notify the selected applicants by email of their 
selection and the starting date of their participation. Selected 
participants may have different starting dates. Anyone providing 
incomplete information, or otherwise not meeting participation 
requirements, will be notified by email and given the opportunity to 
resubmit their application.

VIII. Test Duration

    The modified test will begin no earlier than March 6, 2015 and is 
intended to last approximately two years from the date of this notice. 
At the conclusion of the test, an evaluation will be conducted to 
assess the effect that the PGA Message Set has on expediting the 
submission of EPA and importation-related data elements and the 
processing of EPA entries. The final results of the evaluation will be 
published in the Federal Register and the Customs Bulletin as required 
by section 101.9(b)(2) of the CBP regulations (19 CFR 101.9(b)(2)).

IX. Comments

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests comments and feedback on all aspects of 
this test, including the design, conduct and implementation of the 
test, in order to determine whether to modify, alter, expand, limit, 
continue, end, or fully implement this program.

X. Paperwork Reduction Act

    The collections of information in this test modification, EPA Form 
3540-1 (Notice of Arrival of Pesticides and Devices), have been 
reviewed by OMB in accordance with the requirements of the Paperwork 
Reduction Act (44 U.S.C. 3507) under control number 2070-0020. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a valid 
control number assigned by OMB.

XI. List of PGA Programs Currently Accepting Data Through the ACE PGA 
Message Set Test

    <bullet> Environmental Protection Agency (EPA) Ozone Depleting 
Substances (ODS) program data.
    <bullet> EPA Vehicle and Engine (V&E) program data.
    <bullet> EPA Notice of Arrival of Pesticides and Devices (NOA--EPA 
Form 3540-1) data. (Ocean and Rail Modes Only)
    <bullet> U.S. Department of Agriculture (USDA), Food Safety and 
Inspection Service (FSIS), meat, poultry, and egg products data.

XII. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.
    <bullet> ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
    <bullet> ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
    <bullet> Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 
2008).
    <bullet> ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
    <bullet> ACE Entry Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
    <bullet> Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 
(June 24, 2011).
    <bullet> ACE Announcement of a New Start Date for the National 
Customs Automation Program Test of Automated Manifest Capabilities for 
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
    <bullet> ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
    <bullet> National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Document Image System 
(DIS): 77 FR 20835 (April 6, 2012).
    <bullet> National Customs Automation Program (NCAP) Test Concerning 
Automated Commercial Environment (ACE) Simplified Entry: Modification 
of Participant Selection Criteria and Application Process: 77 FR 48527 
(August 14, 2012).
    <bullet> Modification of NCAP Test Regarding Reconciliation for 
Filing Certain Post-Importation Preferential Tariff Treatment Claims 
under Certain FTAs: 78 FR 27984 (May 13, 2013).
    <bullet> Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE), 78 FR 44142, published 
July 23, 2013.
    <bullet> Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction; 78 FR 53466, 
published August 29, 2013.
    <bullet> Modification of NCAP Test Concerning Automated Commercial 
Environment (ACE) Cargo Release (formerly known as Simplified Entry): 
78 FR 66039, published November 4, 2013.
    <bullet> Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434, published November 19, 2013.
    <bullet> National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release To 
Allow Importers and Brokers To Certify From ACE Entry Summary 79 FR 
24744 (May 1, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers 79 FR 25142 (May 2, 2014).
    <bullet> Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment Document Image System 
79 FR 36083 (June 25, 2014).
    <bullet> Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
    <bullet> eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond, 
Identification of Principal on an eBond by Filing Identification 
Number, and Email Address Correction: 80 Fed Reg 899 (January 7, 2015).

    Dated: January 30, 2015.
Brenda Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2015-02206 Filed 2-3-15; 8:45 am]
BILLING CODE 9111-14-P


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