[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Rules and Regulations]
[Pages 51007-51009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18818]


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DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection

19 CFR Part 123


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

AGENCY: Customs and Border Protection, DHS.

ACTION: Announcement of compliance dates.

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SUMMARY: This document informs truck 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 truck carriers will be 
required to comply vary depending on the port of entry at which the 
truck 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 location of the port of entry.

FOR FURTHER INFORMATION CONTACT: For questions concerning Inbound Truck 
Cargo: 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 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, a new Sec.  123.92 (19 CFR 123.92) was

[[Page 51008]]

added to the CBP Regulations to implement the inbound truck cargo 
provisions of the Act's provisions. Section 123.92 describes the 
general requirement that for any inbound truck required to report its 
arrival under Sec.  123.1(b), that will have commercial cargo aboard, 
CBP must electronically receive certain information regarding that 
cargo through a CBP-approved electronic data interchange (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, 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.
    To effect the advance electronic transmission of the required truck 
cargo information to CBP, CBP has approved two interim EDI systems, for 
use until the Automated Commercial Environment Truck Manifest becomes 
fully operational. The two systems are the Pre-Arrival Processing 
System (PAPS) and QP/WP (an Automated Broker Interface (ABI) in-bond 
processing system that allows ABI filers to create and process in-bond 
shipments).
    Truck carriers bringing commercial cargo subject to advance cargo 
information requirements into the United States must use one of the two 
interim EDI systems described above, with the two exceptions set forth 
below in the CAFES AND BRASS EXCEPTION portion of this document.
    All commercial cargo is subject to advance cargo information 
requirements, pursuant to Sec.  123.92(b), except for the following:
    (1) Cargo in transit from point to point in the United States. 
Domestic cargo transported by truck and arriving at one port from 
another in the United States after transiting Canada or Mexico (Sec.  
123.21; Sec.  123.41); and
    (2) Certain informal entries:
    (i) Merchandise which is informally entered on Customs Form (CF) 
368 or CF 368 A (cash collection or receipt);
    (ii) Merchandise unconditionally or conditionally free, not 
exceeding $2000 in value, eligible for entry on CF 7523; and
    (iii) Products of the United States being returned, for which entry 
is prescribed on CF 3311.
    It should be noted that upon final implementation of the Truck 
Manifest module of the Automated Commercial Environment, the exempted 
information described in (2) above will be transmitted electronically 
in advance of cargo arrival in order to expedite release and 
processing.
    It is further noted that Sec.  123.92(c)(2) allows a United States 
importer, or its customs broker, to elect to present to CBP a portion 
of the required information that it possesses in relation to the cargo. 
Under such circumstance, the truck carrier is responsible for 
presenting to CBP the remainder of the required cargo information.

CAFES and BRASS Exceptions

    As a temporary accommodation, CBP will not require either of the 
CBP-approved EDI systems to be used if the merchandise transported by 
the truck carrier is currently approved for processing under the 
Customs Automated Forms Entry System (CAFES) or the Border Release 
Advanced Screening and Selectivity (BRASS) programs. Under the BRASS 
program, the following conditions must be met:
    (1) The importer and shipper involved in the transaction are 
current BRASS participants (as of the date of publication of this 
notice);
    (2) The importer and shipper have engaged in a minimum number of 
BRASS import transactions during the previous calendar year. The 
minimum number is currently 50, but CBP retains the right to change 
this number as a matter of policy. Any policy changes regarding the 
minimum number of BRASS transactions will be communicated by the CBP 
BRASS Processing Center or through Port Information Notices;
    (3) The truck carrier carrying the merchandise only utilizes 
drivers who are registered under the Free and Secure Trade (FAST) 
program and carrying a FAST Driver Card. This requirement does not 
apply at the ports of Eastport, Idaho; International Falls, Minnesota; 
Grand Portage, Minnesota; and Jackman, Maine, where FAST Driver Cards 
are not available. This requirement will apply at these ports when CBP 
publishes a Federal Register notice announcing that CBP is ready to 
register FAST drivers at these geographic locations; and
    (4) For processing along the southern border, the truck carrier 
participates in an approved industry partnership program, such as C-
TPAT (Customs-Trade Partnership Against Terrorism).

Implementation of Advance Electronic Information Requirements

    Section 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. Accordingly, in this document, CBP is 
notifying truck carriers when they will be required to present advance 
electronic cargo information regarding cargo arriving at particular 
ports of entry in the United States through a CBP-approved EDI system. 
The implementation schedule will be staggered in three phases.
    The above-described interchange systems are now in place and 
operational at the forty ports of entry listed in the ``Compliance 
Dates'' section of this document, under the caption ``First 
Implementation''. Truck 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.  123.92, 
CBP Regulations.
    Two additional implementations are scheduled for the remaining 
ports. Consistent with the provision in Sec.  123.92(e) that requires 
CBP to announce when ports are fully operational, CBP is announcing by 
this document that the remaining fifty-nine ports listed in the second 
and third phases of implementation will become fully operational at 
least 90 days before truck carriers are required to transmit advance 
electronic information to CBP at those ports. The schedule for 
implementing the advance electronic transmission requirements at all 
ninety-nine ports is summarized below in the ``Compliance Dates'' 
section.

Compliance Dates

First Implementation

    Effective November 15, 2004, truck carriers must commence the 
advance electronic transmission to CBP of required cargo information 
for inbound cargo at the following forty ports of entry (corresponding 
port code and field office location appear in parenthesis next to port 
location):

(1) Buffalo, NY (0901, Buffalo);
(2) Alexandria Bay, NY (0708, Buffalo);
(3) Ogdensburg, NY (0701, Buffalo);
(4) Massena, NY (0704, Buffalo);
(5) Detroit, MI (3801, Detroit);
(6) Port Huron, MI (3802, Detroit);
(7) Sault Ste. Marie, MI (3803, Detroit);
(8) Algonac, MI (3814, Detroit);
(9) Blaine, WA (3004, Seattle);
(10) Sumas, WA (3009, Seattle);
(11) Lynden, WA (3023, Seattle);
(12) Oroville, WA (3019, Seattle);
(13) Frontier, WA (3020, Seattle);
(14) Laurier, WA (3016, Seattle);
(15) Point Roberts, WA (3017, Seattle);
(16) Danville, WA (3012, Seattle);

[[Page 51009]]

(17) Ferry, WA (3013, Seattle);
(18) Metaline Falls, WA (3025, Seattle);
(19) Laredo, TX (2304, Laredo);
(20) Eagle Pass, TX (2303, Laredo);
(21) Brownsville, TX (2301, Laredo);
(22) Progresso, TX (2309, Laredo);
(23) Del Rio, TX (2302, Laredo);
(24) Hidalgo/Pharr, TX (2305, Laredo);
(25) Roma, TX (2310, Laredo);
(26) Rio Grande City, TX (2307, Laredo);
(27) El Paso, TX (2402, El Paso);
(28) Presidio, TX (2403, El Paso);
(29) Fabens, TX (2404, El Paso);
(30) Columbus, NM (2406, El Paso);
(31) Santa Teresa, NM (2408, El Paso);
(32) Douglas, AZ (2601, Tucson);
(33) Lukeville, AZ (2602, Tucson);
(34) Naco, AZ (2603, Tucson);
(35) Nogales, AZ (2604, Tucson);
(36) Sasabe, AZ (2606, Tucson);
(37) San Luis, AZ (2608, Tucson);
(38) Tecate, CA (2505, San Diego);
(39) Calexico, CA (2507, San Diego);
(40) Otay Mesa, CA (2506, San Diego).

Second Implementation

    Effective December 15, 2004, truck carriers must commence the 
advance electronic transmission to CBP of required cargo information 
for inbound cargo at the following forty-three ports of entry:

(41) Champlain, NY (0712, Buffalo);
(42) Trout River, NY (0715, Buffalo);
(43) Pembina, ND (3401, Seattle);
(44) Noyes, MN (3402, Seattle);
(45) Portal, ND (3403, Seattle);
(46) Neche, ND (3404, Seattle);
(47) St. John, ND (3405, Seattle);
(48) Northgate, ND (3406, Seattle);
(49) Walhalla, ND (3407, Seattle);
(50) Hannah, ND (3408, Seattle);
(51) Sarles, ND (3409, Seattle);
(52) Ambrose, ND (3410, Seattle);
(53) Antler, ND (3413, Seattle);
(54) Sherwood, ND (3414, Seattle);
(55) Hansboro, ND (3415, Seattle);
(56) Maida, ND (3416, Seattle);
(57) Fortuna, ND (3417, Seattle);
(58) Westhope, ND (3419, Seattle);
(59) Noonan, ND (3420, Seattle);
(60) Carbury, ND (3421, Seattle);
(61) Dunseith, ND (3422, Seattle);
(62) Warroad, MN (3423, Seattle);
(63) Baudette, MN (3424, Seattle);
(64) Pine Creek, MN (3425, Seattle);
(65) Roseau, MN (3426, Seattle);
(66) International Falls, MN (3604, Seattle);
(67) Grand Portage, MN (3613, Seattle);
(68) Richford, VT (0203, Boston);
(69) Derby Line, VT (0209, Boston);
(70) Norton, VT (0211, Boston);
(71) Beecher Falls, VT (0206, Boston);
(72) Highgate Springs, VT (0212, Boston);
(73) Houlton, ME (0106, Boston);
(74) Bridgewater, ME (0127, Boston);
(75) Fort Fairfield, ME (0107, Boston);
(76) Limestone, ME (0118, Boston);
(77) Van Buren, ME (0108, Boston);
(78) Madawaska, ME (0109, Boston);
(79) Fort Kent, ME (0110, Boston);
(80) Calais, ME (0115, Boston);
(81) Vanceboro, ME (0105, Boston);
(82) Eastport/Lubec, ME (0103, Boston);
(83) Jackman, ME (0104, Boston).

Third Implementation

    Effective January 14, 2005, truck carriers must commence the 
advance electronic transmission to CBP of required cargo information 
for inbound cargo at the following sixteen ports of entry:

(84) Eastport, ID (3302, Seattle);
(85) Porthill, ID (3308, Seattle);
(86) Sweetgrass, MT (3310, Seattle);
(87) Raymond, MT (3301, Seattle);
(88) Turner, MT (3306, Seattle);
(89) Scobey, MT (3309, Seattle);
(90) Whitetail, MT (3312, Seattle);
(91) Piegan, MT (3316, Seattle);
(92) Opheim, MT (3317, Seattle);
(93) Roosville, MT (3318, Seattle);
(94) Morgan, MT (3319, Seattle);
(95) Whitlash, MT (3321, Seattle);
(96) Del Bonita, MT (3322, Seattle);
(97) Alcan, AK (3104, Portland);
(98) Skagway, AK (3103, Portland);
(99) Dalton Cache, AK (3106, Portland).

    Dated: August 12, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 04-18818 Filed 8-16-04; 8:45 am]
BILLING CODE 4820-02-P