[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Rules and Regulations]
[Page 8109-8111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe07-7]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 123
Advance Electronic Presentation of Cargo Information for Truck
Carriers Required To Be Transmitted Through ACE Truck Manifest at Ports
in the States of Michigan and New York
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Notice.
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SUMMARY: Pursuant to section 343(a) of the Trade Act of 2002 and
implementing regulations, truck carriers and other eligible parties are
required to transmit advance electronic truck cargo information to the
Bureau of Customs and Border Protection (CBP) through a CBP-approved
electronic data interchange. In a previous notice, CBP designated the
Automated Commercial Environment (ACE) Truck Manifest System as the
approved interchange and announced that the requirement that advance
electronic cargo information be transmitted through ACE would be
[[Page 8110]]
phased in by groups of ports of entry. This notice announces that at
all land border ports in Michigan and New York, truck carriers will be
required to file electronic manifests through the ACE Truck Manifest
System.
DATES: Trucks entering the United States through land border ports of
entry in the states of Michigan and New York will be required to
transmit the advance information through the ACE Truck Manifest system
effective May 24, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at
james.d.swanson@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 343(a) of the Trade Act of 2002, as amended (the Act; 19
U.S.C. 2071 note), required that CBP promulgate regulations providing
for the mandatory transmission of electronic cargo information by way
of a CBP-approved electronic data interchange (EDI) system before the
cargo is brought into or departs the United States by any mode of
commercial transportation (sea, air, rail or truck). The cargo
information required is that which is reasonably necessary to enable
high-risk shipments to be identified for purposes of ensuring cargo
safety and security and preventing smuggling pursuant to the laws
enforced and administered by CBP.
On December 5, 2003, CBP published in the Federal Register (68 FR
68140) a final rule to effectuate the provisions of the Act. In
particular, a new section 123.92 (19 CFR 123.92) was added to the
regulations to implement the inbound truck cargo provisions. Section
123.92 describes the general requirement that, in the case of any
inbound truck required to report its arrival under section 123.1(b), if
the truck will have commercial cargo aboard, CBP must electronically
receive certain information regarding that cargo through a CBP-approved
EDI system no later than 1 hour prior to the carrier's reaching the
first port of arrival in the United States. For truck carriers arriving
with shipments qualified for clearance under the FAST (Free and Secure
Trade) program, section 123.92 provides that CBP must electronically
receive such cargo information through the CBP-approved EDI system no
later than 30 minutes prior to the carrier's reaching the first port of
arrival in the United States.
ACE Truck Manifest Test
On September 13, 2004, CBP published a notice in the Federal
Register (69 FR 55167) announcing a test allowing participating Truck
Carrier Accounts to transmit electronic manifest data for inbound cargo
through ACE, with any such transmissions automatically complying with
advance cargo information requirements as provided in section 343(a) of
the Trade Act of 2002. Truck Carrier Accounts participating in the test
were given the ability to electronically transmit the truck manifest
data and obtain release of their cargo, crew, conveyances, and
equipment via the ACE Portal or electronic data interchange messaging.
A series of notices announced additional deployments of the test,
with deployment sites being phased in as clusters. Clusters were
announced in the following notices published in the Federal Register:
70 FR 30964 (May 31, 2005); 70 FR 43892 (July 29, 2005); 70 FR 60096
(October 14, 2005); 71 FR 3875 (January 24, 2006); 71 FR 23941 (April
25, 2006); 71 FR 42103 (July 25, 2006); 71 FR 77404 (December 26, 2006)
and 72 FR 7058 (February 14, 2007).
CBP continues to test ACE at various ports. CBP will continue, as
necessary, to announce in subsequent notices in the Federal Register
the deployment of the ACE truck manifest system test at additional
ports.
Designation of ACE Truck Manifest System as the Approved Data
Interchange System
In a notice published October 27, 2006, (71 FR 62922), CBP
designated the Automated Commercial Environment (ACE) Truck Manifest
System as the approved EDI for the transmission of required data and
announced that the requirement that advance electronic cargo
information be transmitted through ACE would be phased in by groups of
ports of entry.
ACE will be phased in as the required transmission system at some
ports even while it is still being tested at other ports. However, the
use of ACE to transmit advance electronic truck cargo information will
not be required in any port in which CBP has not first conducted the
test.
The October 27, 2006, document identified all land border ports in
the states of Washington and Arizona and the ports of Pembina, Neche,
Walhalla, Maida, Hannah, Sarles, and Hansboro in North Dakota as the
first group of ports where use of the ACE Truck Manifest System is
mandated. Subsequently, CBP announced on January 19, 2007 (72 FR 2435)
that, after 90 days notice, the use of the ACE Truck Manifest System
will be mandatory at all land border ports in the states of California,
Texas and New Mexico, as well.
ACE Mandated at Land Border Ports of Entry in Michigan and New York
Applicable regulations (19 CFR 123.92(e)) require CBP, 90 days
prior to mandating advance electronic information at a port of entry,
to publish notice in the Federal Register informing affected carriers
that the EDI system is in place and fully operational. Accordingly, CBP
is announcing in this document that, effective 90 days from the date of
publication of this notice, truck carriers entering the United States
at any land border port of entry in the states of Michigan and New York
will be required to present advance electronic cargo information
regarding truck cargo through the ACE Truck Manifest System.
Although other systems that have been deemed acceptable by CBP for
transmitting advance truck manifest data will continue to operate and
may still be used in the normal course of business for purposes other
than transmitting advance truck manifest data, use of systems other
than ACE will no longer satisfy advance electronic cargo information
requirements at a port of entry in Michigan and New York as of May 24,
2007.
Compliance Sequence
CBP will be publishing subsequent notices in the Federal Register
as it phases in the requirement that truck carriers utilize the ACE
system to present advance electronic truck cargo information at other
ports. ACE will be phased in as the mandatory EDI system at the ports
identified below in the sequential order in which they are listed. The
sequential order provided below is somewhat different than that
announced in the October 27, 2006, notice. Although further changes to
this order are not currently anticipated, CBP will state in future
notices if changes do occur. In any event, as mandatory ACE is phased
in at these remaining ports, CBP will always provide 90 days' notice
through publication in the Federal Register prior to requiring the use
of ACE for the transmission of advance electronic truck cargo
information at a particular group of ports.
The remaining ports at which the mandatory use of ACE will be
phased in, listed in sequential order, are as follows:
1. The remaining land border ports in the state of North Dakota and
all land border ports in the state of Vermont.
2. All land border ports in the states of Idaho and Montana.
3. All land border ports in the states of Maine, New Hampshire, and
Minnesota.
[[Page 8111]]
4. All land border ports in the state of Alaska.
Dated: February 20, 2007.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
[FR Doc. 07-829 Filed 2-22-07; 8:45 am]
BILLING CODE 9111-14-P