Federal Register / Vol. 69, No. 43 / Thursday, March 4, 2004 / Rules and Regulations
circumstances permit, stating the reason
for his or her decision. If there is a
conflict as to any material fact, a hearing
will be held to resolve the conflict.
Rules of practice concerning the hearing
will be adopted by the Administrator.
(2) In the case of withdrawal, before
such action is taken, the operator of theestablishment will be informed of thereasons for the proposed withdrawal.
The operator of the establishment may
appeal the proposed withdrawal inwriting to the Administrator within 10
days after being informed of the reasonsfor the proposed withdrawal. The
appeal must include all of the facts andreasons upon which the person relies toshow that the reasons for the proposed
withdrawal are incorrect or do notsupport the withdrawal of the listing.
The Administrator will grant or deny
the appeal in writing as promptly as
circumstances permit, stating the reason
for his or her decision. If there is a
conflict as to any material fact, a hearing
will be held to resolve the conflict.
Rules of practice concerning the hearing
will be adopted by the Administrator.
However, withdrawal shall become
effective pending final determination in
the proceeding when the Administrator
determines that such action is necessary
to protect the public health, interest, orsafety. Such withdrawal shall beeffective upon oral or written
notification, whichever is earlier, to theoperator of the establishment. In theevent of oral notification, written
confirmation shall be given as promptly
as circumstances allow. This
withdrawal shall continue in effectpending the completion of theproceeding, and any judicial review
thereof, unless otherwise ordered by theAdministrator.
(Approved by the Office of Management andBudget under control number 0579–0212.)
Done in Washington, DC, this 1st day ofMarch 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory
Programs.
[FR Doc. 04–4810 Filed 3–3–04; 8:45 am]
BILLING CODE 3410–34–P

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DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 122
Required Advance Electronic
Presentation of Cargo Information:
Revised Compliance Dates for Air
Cargo Information
AGENCY: Customs and Border Protection,
Department of Homeland Security.
ACTION: Announcement of revisedcompliance dates.
SUMMARY: This document advises thepublic of the revised implementation
schedule set forth by the Bureau ofCustoms and Border Protection
requiring the advance electronictransmission of information for cargobrought into the United States by air.
The original date set for compliance wasMarch 4, 2004. There will be staggered
starting dates for compliance, with theearliest compliance date set for August13, 2004.
DATES: The compliance date for theadvance electronic transmission ofinbound air cargo information
published December 5, 2003 (68 FR68140) is modified pursuant to§ 122.48a(e)(2). The implementation
schedule set forth in the SUPPLEMENTARYINFORMATION discussion establishes
three different compliance dates when
CBP will require electronic transmissionof inbound air cargo manifest data,
depending on the location of the airport
where cargo arrives in the United States.
FOR FURTHER INFORMATION CONTACT:David M. King, Manifest andConveyance Branch, (202) 927–1133.
SUPPLEMENTARY INFORMATION:

Background
Section 343(a) of the Trade Act of2002, as amended (the Act; 19 U.S.C.
2071 note), required that the Bureau ofCustoms 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 either brought into orsent from the United States by any modeof commercial transportation (sea, air,rail or truck). The cargo information
required is that which is reasonably
necessary to enable high-risk shipments

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10151

to be identified for purposes of ensuringcargo safety and security and preventing
smuggling pursuant to the laws enforced
and administered by CBP.
On December 5, 2003, CBP publishedin the Federal Register (68 FR 68140) a
final rule specifically intended toeffectuate the provisions of the Act. In
particular, a new § 122.48a was added to
the CBP Regulations (19 CFR 122.48a) toimplement the Act’s provisions relating
to inbound air commerce. Section
122.48a(a) describes the general
requirement that for inbound aircraftwith commercial cargo aboard, CBP
must electronically receive information
concerning the incoming cargo inadvance of its arrival. Section
122.48a(e)(1) set a general compliance
date of March 4, 2004 for those air
carriers required to participate, andother parties electing to participate, inadvance automated cargo information
filing. However, pursuant to§ 122.48a(e)(2) CBP has set forth arevised implementation schedule inorder to complete necessary
modifications to the approved electronic
data interchange system, train CBP
personnel at affected ports and complete
certification testing of new participants.
The CBP-approved electronic datainterchange system, through which theaffected parties will be required totransmit and receive information
pursuant to these regulatory provisions,is known as the Air Automated Manifest
System (Air AMS). Although CBP andcertain trade members presently
participate in Air AMS on a voluntarybasis, the final rule establishedprocedures not currently supported by
the existing system edits in Air AMS.
Therefore, CBP has undertaken tomodify certain critical aspects of AirAMS. CBP will introduce these changes
by May 13, 2004, when a 90-day
certification testing period begins for allparties who develop Air AMS
communications.
Accordingly, it is necessary for CBP torevise the compliance dates for theadvance electronic transmission of air
cargo information as specified in thefollowing implementation schedule.
Compliance dates are staggered because
they will allow CBP to deploy training
resources for its personnel on a regional
basis and prevent CBP from having toconduct certification testing for all newparticipants at one time.

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10152Federal Register / Vol. 69, No. 43 / Thursday, March 4, 2004 / Rules and Regulations
AIR AMS IMPLEMENTATION SCHEDULE
Date:Ports in the following locations:

August 13, 2004 ..................................................

Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico,Rhode Island, South Carolina, Vermont, Virginia, West Virginia.
Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota,Mississippi, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Dakota, Tennessee,Texas, Wisconsin.
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington.

October 13, 2004 ................................................
December 13, 2004 .............................................

Beginning on the dates set forth in theimplementation schedule above, CBP
will require electronic transmission ofadvance information for any cargo thatarrives in the United States by air at aport of entry within one of the locations
specified.
Technical Requirements
The technical specifications requiredfor participation in Air AMS aredetailed in the CBP publication Customs
Automated Manifest Interface
Requirements (CAMIR–AIR), currently
available on the CBP website at: http://www.cbp.gov/xp/cgov/import/
operations_support/
automated_systems/ams/camir_air/.
Once the changes to Air AMS are
introduced, CBP will update CAMIR–
AIR with the new technicalspecifications. Those seeking to develop
software based on the new system edits
may begin certification testing of such
software after May 13, 2004. Existing
Air AMS participants and potential Air
AMS participants will have until therevised compliance date to completechanges to their software or procure
software that is compliant with the newspecifications.
Dated: February 27, 2004.
Robert C. Bonner,
Commissioner, Customs and Border
Protection.
[FR Doc. 04–4725 Filed 3–3–04; 8:45 am]
BILLING CODE 4820–02–P

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
29 CFR Part 1607
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Part 60–3
DEPARTMENT OF JUSTICE
28 CFR Part 50
OFFICE OF PERSONNELMANAGEMENT
5 CFR Part 300[OMB Number: 3046–0017]

Agency Information Collection
Activities: Adoption of Additional
Questions and Answers To Clarify andProvide a Common Interpretation of
the Uniform Guidelines on Employee
Selection Procedures as They Relate
to the Internet and Related
Technologies
AGENCIES: Equal Employment
Opportunity Commission; Office ofFederal Contract Compliance Programs,DOL; Department of Justice; Office ofPersonnel Management.
ACTION: Adoption of Additional
Questions and Answers to clarify andprovide a common interpretation of theUniform Guidelines on Employee
Selection Procedures as they relate tothe Internet and related technologies.
SUMMARY: The agencies that issued theUniform Guidelines on Employee
Selection Procedures (UGESP orUniform Guidelines) (43 FR 38290 et.
seq., August 25, 1978, 29 CFR part 1607,
41 CFR part 60–3, 28 CFR 50.14, and 5
CFR 300.103(c)) have previously
recognized the need for aninterpretation of the Uniform
Guidelines, as well as the desirability ofproviding additional guidance to users
and enforcement personnel, byVerDate jul<14>2003

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publishing two sets of Questions andAnswers (44 FR 11996, March 2, 1979;
45 FR 29530, May 2, 1980). These
Additional Questions and Answers areintended to provide further guidance ininterpreting the Uniform Guidelines
with respect to the Internet and relatedtechnologies. This document solicits
public comment on the informationcollection requirements in the
Additional Questions and Answers.
DATES: This document containsinformation collection requirements thathave not yet been approved by theOffice of Management and Budget. The
Equal Employment Opportunity
Commission will publish a document inthe Federal Register announcing theeffective date. Submit written commentson or before May 3, 2004.
ADDRESSES: Comments should besubmitted to Frances M. Hart, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
10th Floor, 1801 L Street, NW.,
Washington, DC 20507. The Executive
Secretariat will accept comments
transmitted by facsimile (‘‘FAX’’)machine. The telephone number for theFAX receiver is (202) 663–4114. (This is
not a toll-free-number.) Only commentsof six or fewer pages will be accepted
via FAX transmittal. This limitation isnecessary to assure access to theequipment. Receipt of a FAX transmittal
will not be acknowledged, except thatthe sender may request confirmation ofreceipt by calling the Executive
Secretariat staff at (202) 663–4070(voice) or (202) 663–4074 (TDD). (Theseare not toll-free-telephone numbers.)
Copies of comments submitted by thepublic will be available for review at theCommission’s library, Room 6502, 1801L Street, NW., Washington, DC 20507
between the hours of 9:30 a.m. and 5
p.m.
FOR FURTHER INFORMATION CONTACT:Carol Miaskoff, Office of Legal Counsel,U.S. Equal Employment Opportunity
Commission at (202) 663–4637.
SUPPLEMENTARY INFORMATION: This
supplementary information section
provides the public with access to the

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