Required Advance Electronic Presentation of Cargo Information for Truck Carriers: ACE Truck Manifest, 2435-2436 [E7-762]

Download as PDF frosa on PROD1PC71 with RULES Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations Affiliate’s specific request for transmission service. (6) A Transmission Provider may share generation information necessary to perform generation dispatch with its Marketing and Energy Affiliate that does not include specific information about individual third party transmission transactions or potential transmission arrangements. (7) Neither a Transmission Provider nor an employee of a Transmission Provider is permitted to use anyone as a conduit for sharing information covered by the prohibitions of §§ 358.5(b)(1) and (2) with a Marketing or Energy Affiliate. A Transmission Provider may share information covered by §§ 358.5(b)(1) and (2) with employees permitted to be shared under §§ 358.4(a)(4), (5) and (6) provided that such employees do not act as a conduit to share such information with any Marketing or Energy Affiliates. (8) A Transmission Provider is permitted to share information necessary to maintain the operations of the transmission system with its Energy Affiliates. (c) Implementing tariffs. (1) A Transmission Provider must strictly enforce all tariff provisions relating to the sale or purchase of open access transmission service, if these tariff provisions do not permit the use of discretion. (2) A Transmission Provider must apply all tariff provisions relating to the sale or purchase of open access transmission service in a fair and impartial manner that treats all transmission customers in a nondiscriminatory manner, if these tariff provisions permit the use of discretion. (3) A Transmission Provider must process all similar requests for transmission in the same manner and within the same period of time. (4) (i) Electric Transmission Providers must maintain a written log, available for Commission audit, detailing the circumstances and manner in which they exercised their discretion under any terms of the tariff. The information contained in this log is to be posted on the OASIS or Internet website within 24 hours of when a Transmission Provider exercises its discretion under any terms of the tariff. (ii) Natural gas Transmission Providers must maintain a written log of waivers that the natural gas Transmission Provider grants with respect to tariff provisions that provide for such discretionary waivers and provide the log to any person requesting it within 24 hours of the request. (5) The Transmission Provider may not, through its tariffs or otherwise, give VerDate Aug<31>2005 17:42 Jan 18, 2007 Jkt 211001 preference to its Marketing or Energy Affiliate, over any other wholesale customer in matters relating to the sale or purchase of transmission service (including, but not limited to, issues of price, curtailments, scheduling, priority, ancillary services, or balancing). (d) Discounts. Any offer of a discount for any transmission service made by the Transmission Provider must be posted on the OASIS or Internet Web site contemporaneous with the time that the offer is contractually binding. The posting must include: the name of the customer involved in the discount and whether it is an affiliate or whether an affiliate is involved in the transaction, the rate offered; the maximum rate; the time period for which the discount would apply; the quantity of power or gas upon which the discount is based; the delivery points under the transaction; and any conditions or requirements applicable to the discount. The posting must remain on the OASIS or Internet Web site for 60 days from the date of posting. [FR Doc. E7–659 Filed 1–18–07; 8:45 am] BILLING CODE 6717–01–P 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: 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 the Bureau of Customs and Border Protection (CBP) through a CBP-approved electronic data interchange. In a previous notice, 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. The previous notice identified the first group of ports where use of the ACE Truck Manifest System is mandated. This notice announces the second group of land border ports that will require truck carriers to file electronic manifests PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 2435 through the ACE Truck Manifest System. DATES: Trucks entering the United States through land border ports of entry in the states of California, Texas, and New Mexico will be required to transmit the advance information through the ACE Truck Manifest system effective April 19, 2007. FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at james.d.swanson@dhs.gov. 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 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 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 E:\FR\FM\19JAR1.SGM 19JAR1 2436 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 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); and 71 FR 77404 (December 26, 2006). 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. frosa on PROD1PC71 with RULES 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. ACE Mandated at Ports of Entry in California, Texas and New Mexico 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 VerDate Aug<31>2005 17:42 Jan 18, 2007 Jkt 211001 the date of publication of this notice, truck carriers entering the United States at any land border port of entry in the states of California, Texas, and New Mexico 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 a port of entry in California, Texas and New Mexico as of April 19, 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. The sequential order provided below is somewhat different from that announced in the October 27, 2006, notice. 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 ports of entry in the state of New York and Michigan. 2. All ports of entry in the states of Vermont, New Hampshire, and Maine. 3. All ports of entry in the states of Idaho and Montana. 4. The remaining ports of entry in the state of North Dakota and the land border port of Minnesota. 5. All ports of entry in the state of Alaska. Dated: January 16, 2007. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E7–762 Filed 1–18–07; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 800 [Docket No. 2003N–0056 (formerly 03N– 0056)] Medical Devices; Patient Examination and Surgeons’ Gloves; Test Procedures and Acceptance Criteria; Correction AGENCY: Food and Drug Administration, HHS. ACTION: Final rule; correction. SUMMARY: The Food and Drug Administration (FDA) is correcting a final regulation that appeared in the Federal Register of December 19, 2006 (71 FR 75865). The document issued a final regulation that improves the barrier quality of medical gloves marketed in the United States (U.S.). The rule will accomplish this by reducing the current acceptable quality levels (AQLs) for leaks and visual defects observed during FDA testing of medical gloves. By reducing the AQLs for medical gloves, FDA will also harmonize its AQLs with consensus standards developed by the International Organization for Standardization (ISO) and ASTM International (ASTM). The document was published with some errors in the use of references. This document corrects those errors. DATES: This correction is effective on January 19, 2007. FOR FURTHER INFORMATION CONTACT: Casper E. Uldriks, Office of Compliance, Center for Devices and Radiological Health (HFZ–300), Food and Drug Administration, 2094 Gaither Rd., Rockville, MD 20850, 240–276–0100. SUPPLEMENTARY INFORMATION: In FR Doc. E6–21591, appearing on page 75865 in the Federal Register of Tuesday, December 19, 2006, the following corrections are made to the SUPPLEMENTARY INFORMATION. 1. On page 75868, in the second column, section III of the document is corrected to read: ‘‘III. Analysis of Impacts A. Introduction FDA has examined the final rule under Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601–612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Rules and Regulations]
[Pages 2435-2436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-762]


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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, truck carriers and other eligible parties are 
required to transmit advance electronic truck cargo information to the 
Bureau of Customs and Border Protection (CBP) through a CBP-approved 
electronic data interchange. In a previous notice, 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. The previous notice identified the 
first group of ports where use of the ACE Truck Manifest System is 
mandated. This notice announces the second group of land border ports 
that will require truck carriers 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 California, Texas, and New Mexico will be 
required to transmit the advance information through the ACE Truck 
Manifest system effective April 19, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at 
james.d.swanson@dhs.gov.

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

[[Page 2436]]

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); and 71 FR 77404 (December 26, 
2006).
    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.

ACE Mandated at Ports of Entry in California, Texas and New Mexico

    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 
at any land border port of entry in the states of California, Texas, 
and New Mexico 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 a port of entry in California, Texas and New Mexico as 
of April 19, 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. The 
sequential order provided below is somewhat different from that 
announced in the October 27, 2006, notice. 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 ports of entry in the state of New York and Michigan.
    2. All ports of entry in the states of Vermont, New Hampshire, and 
Maine.
    3. All ports of entry in the states of Idaho and Montana.
    4. The remaining ports of entry in the state of North Dakota and 
the land border port of Minnesota.
    5. All ports of entry in the state of Alaska.

    Dated: January 16, 2007.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
 [FR Doc. E7-762 Filed 1-18-07; 8:45 am]
BILLING CODE 9111-14-P