[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62922-62923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17998]



[[Page 62922]]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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