[Federal Register: October 27, 2006 (Volume 71, Number 208)]
[Rules and Regulations]
[Page 62922-62923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc06-15]
[[Page 62922]]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 123
Required Advance Electronic Presentation of Cargo Information for
Truck Carriers: ACE Truck Manifest
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 published in December, 2003, truck carriers
and other eligible parties were directed to transmit advance electronic
truck cargo information to the Bureau of Customs and Border Protection
(CBP) through a CBP-approved electronic data interchange (EDI). This
notice announces that CBP is designating the Automated Commercial
Environment (ACE) Truck Manifest System as the approved EDI for the
transmission of the required data and that the requirement that advance
electronic truck cargo information be transmitted through ACE will be
phased in by groups of ports of entry identified in this document.
DATES: Trucks entering the United States through all ports of entry in
the states of Washington and Arizona and through the ports of Pembina,
Neche, Walhalla, Maida, Hannah, Sarles and Hansboro in North Dakota
will be required to transmit the advance information through the ACE
Truck Manifest system effective January 25, 2007. ACE will be phased in
as the mandatory transmission system for the other ports identified in
this notice in the sequential order that they are listed, following
publication of 90 days notice in the Federal Register for each group of
ports.
FOR FURTHER INFORMATION CONTACT: James Swanson, Field Operations, (202)
344-2576.
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 Sec. 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 Sec. 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, Sec. 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 general 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 have 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 have announced additional deployments of the
test, with deployment sites being phased in as clusters. Clusters were
announced in subsequent notices published in the Federal Register
including: 70 FR 30964, published on May 31, 2005; 70 FR 43892,
published on July 29, 2005; 70 FR 60096, published on October 14, 2005;
71 FR 3875, published on January 24, 2006; and 71 FR 23941, published
on April 25, 2006.
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. ACE will be phased in as the required transmission
system at some ports even while it is still being tested at other
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
Throughout the deployment process, CBP and system users from the
trade have expended considerable resources in a collaborative effort to
test the ACE Truck Manifest System. This collaboration has helped
correct operational difficulties, improve processing times, and develop
system enhancements not present in the original configuration. Full
implementation of the enhancements will occur over the next few months.
Accordingly, CBP has determined that the ACE Truck Manifest System
should be mandated for all and is the approved EDI system for
transmission of the advance information required pursuant to section
343(a) of the Trade Act of 2002 and the implementing regulations.
Section 123.92(e) of the regulations (19 CFR 123.92(e)) requires
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. Effective 90 days from the date of publication of this
notice, truck carriers entering the United States through all ports of
entry in the states of Washington and Arizona and through the ports of
Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro in North
Dakota, will be required to present advance electronic cargo
information regarding truck cargo through the ACE Truck Manifest. CBP
will be publishing notice 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.
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 particular port of entry once the 90-day notice for
that port has been published and the 90-day period has elapsed.
Compliance Sequence
At all ports of entry in the states of Washington and Arizona, and
the ports
[[Page 62923]]
of Pembina, Neche, Walhalla, Maida, Hannah, Sarles, and Hansboro in
North Dakota, ACE will be the mandatory truck cargo information
transmission system as of January 25, 2007.
Subsequently, ACE will continue to be phased in as the mandatory
EDI system, at the ports identified below in the sequential order of
the group in which they are listed. As mandatory ACE is phased in at
these remaining ports, CBP will 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 continue
to be phased in are divided into 5 groups, listed in sequential order,
as follows:
1. All ports of entry in the states of Michigan, Texas, California,
New Mexico, and New York.
2. All ports of entry in the states of Vermont and Alaska.
3. All ports in the states of Maine, Idaho, and Montana.
4. All remaining ports in the state of North Dakota (those not
identified as having a specific compliance date).
5. All ports in the state of Minnesota.
Dated: October 23, 2006.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E6-17998 Filed 10-26-06; 8:45 am]
BILLING CODE 9111-14-P