Required Advance Electronic Presentation of Cargo Information for Truck Carriers: ACE Truck Manifest, 62922-62923 [E6-17998]
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Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations
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
Customs and Border Protection,
Department of Homeland Security.
ACTION: Notice.
AGENCY:
rmajette on PROD1PC67 with RULES1
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 CBPapproved 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
VerDate Aug<31>2005
14:48 Oct 26, 2006
Jkt 211001
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 § 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
§ 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, § 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
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
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
E:\FR\FM\27OCR1.SGM
27OCR1
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations
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
SOCIAL SECURITY ADMINISTRATION
RIN 0960–AG11
Medicare Part B Income-Related
Monthly Adjustment Amount
Social Security Administration
(SSA).
rmajette on PROD1PC67 with RULES1
ACTION:
Final rules.
SUMMARY: We are adding to our
regulations a new subpart, Medicare
Part B Income-Related Monthly
Adjustment Amount, to contain the
rules we will follow for Medicare Part
B income-related monthly adjustment
amount determinations. The monthly
adjustment amount represents the
amount of decrease in the Medicare Part
B premium subsidy, i.e. the amount of
the Federal Government’s contribution
to the Federal Supplementary Medical
Insurance (SMI) Trust Fund. This new
subpart implements section 811 of the
Medicare Prescription Drug,
Improvement, and Modernization Act of
VerDate Aug<31>2005
14:48 Oct 26, 2006
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Statutory Provisions
20 CFR Part 418
AGENCY:
2003 (the Medicare Modernization Act
or MMA) and contains the rules for
determining when, based on income, a
monthly adjustment amount will be
added to a Medicare Part B beneficiary’s
standard monthly premium. These final
rules describe: What the new subpart is
about; what information we will use to
determine whether you will pay an
income-related monthly adjustment
amount and the amount of the
adjustment when applicable; when we
will consider a major life-changing
event that results in a significant
reduction in your modified adjusted
gross income; and how you can appeal
our determination about your incomerelated monthly adjustment amount.
DATES: These final rules are effective
December 26, 2006.
FOR FURTHER INFORMATION CONTACT:
Craig Streett, Team Leader, Office of
Income Security Programs, Social
Security Administration, 252 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, 410–965–
9793 or TTY 1–800–966–5609, for
information about this Federal Register
document. For information on eligibility
or filing for benefits, call our national
toll-free number, 1–800–772–1213 or
TTY 1–800–325–0778, or visit our
Internet site, Social Security Online, at
https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Jkt 211001
Section 811 of the MMA (Pub. L. 108–
173), which was enacted into law on
December 8, 2003, added subsection (i)
to section 1839 of the Social Security
Act (the Act), and established a
Medicare Part B premium subsidy
reduction (referred to in these final rules
as ‘‘the income-related monthly
adjustment amount’’) effective January
1, 2007, which will be added to the
standard monthly Medicare Part B
premium amount for certain
beneficiaries. Section 1839(i) of the Act
was subsequently amended by section
5111 of the Deficit Reduction Act of
2005, Public Law 109–171. The Centers
for Medicare & Medicaid Services
(CMS), in the Department of Health and
Human Services (HHS), has overall
responsibility for determining the
annual Medicare Part B standard
monthly premium amounts and
premium increases for late enrollment
or reenrollment. CMS regulations at 42
CFR part 408 describe the rules that
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
62923
CMS uses to determine those amounts.
As explained in these final rules, we are
responsible only for making initial
determinations and reconsidered
determinations about income-related
monthly adjustment amounts. Any
subsequent levels of appeal will be
provided by HHS under its regulations
at 42 CFR part 405.
Section 702(a)(5) of the Act allows us
to make the rules and regulations
necessary or appropriate to carry out the
functions of SSA. Other provisions in
section 811 of the MMA provide us with
additional specific authorization to
make rules and regulations to determine
the income-related monthly adjustment
amount. For example, sections
1839(i)(4)(B) and (i)(4)(C)(ii)(II) of the
Act authorize us to promulgate
regulations necessary for our
determinations about income-related
monthly adjustment amounts. Section
1839 of the Act requires the Secretary of
HHS to determine annually the
Medicare Part B standard monthly
premium amount. Section 1839 of the
Act also authorizes the Secretary of HHS
to establish a premium increase for late
enrollment and for reenrollment under
certain circumstances and provides for
a limitation on increases in the
Medicare Part B standard monthly
premium for some beneficiaries.
The new section 1839(i) requires us to
determine the income-related monthly
adjustment amount for Medicare
beneficiaries with modified adjusted
gross income above an established
threshold. The income-related monthly
adjustment amount is added to the
Medicare Part B standard monthly
premium and any applicable premium
increase for late enrollment or
reenrollment. The MMA provides that
in 2007 the modified adjusted gross
income threshold is $80,000 for
individuals who file their Federal
income taxes with a filing status of
single, married filing separately, head of
household, or qualifying widow(er) with
dependent child and $160,000 for
married individuals who file a joint tax
return. Section 811(c)(1) of the MMA
enacted a new section 6103(1)(20) of the
Internal Revenue Code authorizing the
Internal Revenue Service (IRS) to
provide certain income information to
us to use in determining the incomerelated monthly adjustment amount.
The MMA requires that the threshold
amount be adjusted yearly based on the
Consumer Price Index.
Section 811(b)(1)(C) of the MMA also
amended section 1839(f) of the Act, so
that the limitation on increases in the
Medicare Part B standard monthly
premium for some beneficiaries will not
apply to beneficiaries who are
E:\FR\FM\27OCR1.SGM
27OCR1
]]>Agencies
[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62922-62923]
From the Federal Register Online via the Government Printing 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
