[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Rules and Regulations]
[Pages 25965-25966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8707]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 123

[CBP Dec. 07-25]


Advance Electronic Presentation of Cargo Information for Truck 
Carriers Required To Be Transmitted Through ACE Truck Manifest at Ports 
in the States of Idaho and Montana

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

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

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 U.S. 
Customs and Border Protection (CBP) through a CBP-approved electronic 
data interchange. In a previous document, 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 phased in by 
groups of ports of entry. This document announces that at all land 
border ports in Idaho and Montana 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 Idaho and Montana will be required to transmit 
the advance information through the ACE Truck Manifest system effective 
August 6, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at 
[email protected].

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 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); 72 FR 7058 (February 14, 2007); and 72 FR 14127 (March 26, 
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. On February 23, 2007 (72 FR 8109), CBP announced 
that, after 90 days notice, the ACE Truck Manifest System will be 
mandatory at all land border ports in Michigan and New York. On April 
13, 2007 (72 FR 18574), CBP announced that after 90 days notice at all 
land border ports in Vermont and New Hampshire, and at the land border 
ports in North Dakota in which ACE had

[[Page 25966]]

not been required, the ACE Truck Manifest System will be mandatory.

ACE Mandated at Land Border Ports of Entry in Idaho and Montana

    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 
through land border ports of entry in the states of Idaho and Montana 
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 the ports of entry announced in this document as of 
August 6, 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. 
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. All land border ports in the state of Maine.
    2. All land border ports in the states of Alaska and Minnesota.

    Dated: May 2, 2007.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E7-8707 Filed 5-7-07; 8:45 am]
BILLING CODE 9111-14-P