[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19207-19208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8199]



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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Required Advance Electronic Presentation of Cargo Information: 
Compliance Dates for Rail Carriers

AGENCY: Bureau of Customs and Border Protection, DHS.

ACTION: Announcement of compliance dates.

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SUMMARY: This document informs rail carriers when they will be required 
to transmit advance electronic cargo information to Customs and Border 
Protection regarding cargo they are bringing into the United States, as 
mandated by section 343(a) of the Trade Act of 2002 and the 
implementing regulations. The dates when rail carriers will be required 
to comply vary depending on the port of entry at which the rail carrier 
will be arriving in the United States.

DATES: The implementation schedule set forth in the SUPPLEMENTARY 
INFORMATION discussion specifies three compliance dates, depending on 
the port of entry at which the rail-crossing is located.

FOR FURTHER INFORMATION CONTACT: For questions concerning Inbound Rail 
Cargo: Juan Cancio-Bello, Field Operations, (202) 927-3459.

SUPPLEMENTARY INFORMATION:

Background

    Section 343(a) of the Trade Act of 2002, as amended (the Act; 19 
U.S.C. 2071 note), required that Customs and Border Protection (CBP) 
promulgate regulations providing for the mandatory collection of 
electronic cargo information, by way of a CBP-approved electronic data 
interchange 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 intended to effectuate the provisions of the Act. 
In particular, regarding inbound rail cargo, a new Sec.  123.91 (19 CFR 
123.91) was added to the CBP Regulations to implement the Act's 
provisions. Section 123.91 describes the general requirement that for 
inbound trains requiring a train sheet under Sec.  123.6, that will 
have commercial cargo aboard, CBP must electronically receive from the 
rail carrier certain information concerning incoming cargo no later 
than 2 hours prior to the cargo reaching the first port of arrival in 
the United States. Specifically, to effect the advance electronic 
transmission of the required rail cargo information to CBP, the rail 
carrier must use a CBP-approved electronic data interchange system.
    Section 123.91(e) provides that rail carriers must commence the 
advance electronic transmission to CBP of the required cargo 
information, 90 days from the date that CBP publishes notice in the 
Federal Register informing affected 3 carriers that the approved 
electronic data interchange system is in place and operational at the 
port of entry where the train will first arrive in the United States.
    In this document, CBP is notifying rail carriers how CBP will be 
implementing the electronic data exchange and when the rail carriers 
will be required to begin transmitting advance cargo information 
regarding cargo arriving in the United States. Thirty-one ports of 
entry have been identified. The implementation schedule will be 
staggered in three phases.
    As discussed above, Sec.  123.91 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 
electronic data interchange system is in place and operational. CBP's 
approved electronic data base is now in place and operational at the 
twenty-four rail-crossing ports of entry listed in the ``Compliance 
Dates'' section of this document, under the caption ``First 
Implementation''. The initial implementation of the electronic data 
interchange system will occur at these twenty-four ports. Rail 
carriers, which will first arrive in the United States at these ports, 
will be required, 90 days from the date of publication of this notice 
in the Federal Register, to comply with the advance electronic 
transmission requirements set forth in Sec.  123.91, CBP Regulations.
    The second implementation of the electronic data interchange system 
will occur at the four rail-crossing ports of entry listed in the 
``Compliance Dates'' section of this document, under the caption 
``Second Implementation''. Rail carriers, which will first arrive in 
the United States at these ports, will be required, 120 days from the 
date of publication of this notice in the Federal Register, to comply 
with the advance electronic transmission requirements set forth in 
Sec.  123.91.
    The third implementation of the electronic data interchange system 
will occur at the three rail-crossing ports of entry listed in the 
``Compliance Dates'' section of this document, under the caption 
``Third Implementation''. Rail carriers, which will first arrive in the 
United States at these ports, will be required, 150 days from the date 
of publication of this notice in the Federal Register, to comply with 
the advance electronic transmission requirements set forth in Sec.  
123.91.
    The schedule for implementing the advance electronic transmission 
requirements at all thirty-one rail-crossing ports is summarized below. 
Consistent with the provision in Sec.  123.91 that requires CBP to 
announce when ports are operational, CBP is announcing that the seven 
ports listed in the second and third phases of implementation will 
become operational 90 days prior to the date rail carriers are required 
to transmit advance electronic information to CBP at those ports.

Compliance Dates

First Implementation

    Effective July 12, 2004, rail carriers must commence the advance 
electronic transmission to CBP of required cargo information for 
inbound cargo at the following twenty-four ports of entry 
(corresponding port code and field office location in parenthesis):
    (1) Buffalo, NY (0901, Buffalo);
    (2) Detroit, MI (3801, Detroit);
    (3) Richford, VT (0203, Boston);
    (4) Ft. Covington/Trout River, NY (0715, Buffalo);
    (5) Norton, VT (0211, Boston);
    (6) Highgate Springs, VT (0212, Boston);
    (7) Champlain-Rouses Point, NY (0712, Buffalo);
    (8) Brownsville, TX (2301, Laredo);
    (9) Eagle Pass, TX (2303, Laredo);
    (10) Laredo, TX (2304, Laredo);
    (11) El Paso, TX (2402, El Paso);
    (12) Calexico, CA (2503, San Diego);
    (13) Nogales, AZ (2604, Tucson);
    (14) Blaine, WA (3004, Seattle/Tacoma);
    (15) Sumas, WA (3009, Seattle/Tacoma);
    (16) Eastport, ID (3302, Seattle/Tacoma);
    (17) Sweetgrass, MT (3310, Seattle/Tacoma);
    (18) Noyes, MN (3402, Seattle/Tacoma);
    (19) Portal, ND (3403, Seattle/Tacoma);
    (20) Frontier/Boundary, WA (3015, Seattle/Tacoma);
    (21) Laurier, WA (3016, Seattle/Tacoma);

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    (22) International Falls, MN (3604, Chicago);
    (23) Port Huron, MI (3802, Detroit);
    (24) Sault Ste. Marie, MI (3803, Detroit).

Second Implementation

    Effective August 10, 2004, rail carriers must commence the advance 
electronic transmission to CBP of required cargo information for 
inbound cargo at the following four ports of entry:
    (25) Jackman, ME (0104, Boston);
    (26) Van Buren, ME (0108, Boston);
    (27) Vanceboro, ME (0105, Boston);
    (28) Calais, ME (0115, Boston).

Third Implementation

    Effective September 9, 2004, rail carriers must commence the 
advance electronic transmission to CBP of required cargo information 
for inbound cargo at the following three ports of entry:
    (29) Tecate, CA (2505, San Diego);
    (30) Otay Mesa, CA (2506, San Diego);
    (31) Presidio, TX (2403, El Paso).

    Dated: April 6, 2004.
Robert C. Bonner,
Commissioner, Bureau of Customs and Border Protection.
[FR Doc. 04-8199 Filed 4-9-04; 8:45 am]
BILLING CODE 4820-02-P