[Federal Register: May 29, 2003 (Volume 68, Number 103)]
[Rules and Regulations]
[Page 31976-31978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my03-16]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 111
[T.D. 03-23]
RIN 1515-AD28
Customs Broker License Examination Dates
AGENCY: Customs and Border Protection, Department of Homeland Security.
[[Page 31977]]
ACTION: Interim rule.
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SUMMARY: This document sets forth an interim amendment to Part 111 of
the Customs Regulations which governs the licensing and conduct of
individuals, corporations, and other entities as customs brokers. The
amendment involves the addition of a provision that would allow Customs
and Border Protection to publish a notice changing the date on which a
semi-annual written examination for an individual broker's license will
be held when the normal date conflicts with a holiday, religious
observance, or other scheduled event.
DATES: Interim rule effective May 29, 2003; comments must be submitted
by July 28, 2003.
ADDRESSES: Written comments are to be addressed to the Bureau of
Customs and Border Protection, Office of Regulations and Rulings,
Attention: Regulations Branch, 1300 Pennsylvania Avenue NW.,
Washington, DC 20229. Submitted comments may be inspected at the Bureau
of Customs and Border Protection, 799 9th Street NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mike Craig, Office of Field Operations
(202-927-1684).
SUPPLEMENTARY INFORMATION:
Background
Section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641),
provides that a person (an individual, corporation, association, or
partnership) must hold a valid customs broker's license and permit in
order to transact customs business on behalf of others, sets forth
standards for the issuance of broker's licenses and permits, and
provides for the taking of disciplinary action against brokers that
have engaged in specified types of infractions. In the case of an
applicant for an individual broker's license, section 641 provides that
the Secretary of the Treasury may conduct an examination to determine
the applicant's qualifications for a license. Section 641 also
authorizes the Secretary of the Treasury to prescribe rules and
regulations relating to the customs business of brokers as may be
necessary to protect importers and the revenue of the United States and
to carry out the provisions of section 641.
The regulations issued under the authority of section 641 are set
forth in part 111 of the Customs Regulations (19 CFR part 111). Part
111 includes detailed rules regarding the licensing of, and granting of
permits to, persons desiring to transact customs business as customs
brokers, including the qualifications required of applicants and the
procedures for applying for licenses and permits. Section 111.11 sets
forth the basic requirements for a broker's license and, in paragraph
(a)(4), provides that an applicant for an individual broker's license
must attain a passing grade on a written examination taken within the
3-year period before submission of the license application prescribed
under Sec. 111.12. Section 111.13 sets forth the requirements and
procedures for the written examination for an individual broker's
license. Paragraph (b) of Sec. 111.13 concerns the date and place of
the examination and, in the first sentence, provides that ``[w]ritten
examinations will be given on the first Monday in April and October.''
Customs and Border Protection (CBP) notes that the first Monday in
October 2003, that is, October 6th, coincides with the observance of
Yom Kippur, and CBP further notes that the regulatory text quoted above
does not provide for the adoption of alternative examination dates. In
order to avoid conflicts with national holidays, religious observances,
and other foreseeable events that could limit an individual's
opportunity to take the broker's examination, CBP believes that Sec.
111.13(b) should be amended to provide CBP with some flexibility in
those circumstances as regards the determination of the specific date
on which an examination will be given. Accordingly, this document
amends the first sentence of Sec. 111.13(b) to provide for an
exception to the general rule when the scheduled examination date
conflicts with a national holiday, religious observance, or other
foreseeable event and CBP publishes in the Federal Register an
appropriate notice of a change in the examination date.
Comments
Before adopting this interim regulation as a final rule,
consideration will be given to any written comments timely submitted to
CBP, including comments on the clarity of this interim rule and how it
may be made easier to understand. Comments submitted will be available
for public inspection in accordance with the Freedom of Information Act
(5 U.S.C. 552) and Sec. 103.11(b) of the Customs Regulations (19 CFR
103.11(b)), on regular business days between the hours of 9 a.m. and
4:30 p.m. at the Office of Regulations and Rulings, Bureau of Customs
and Border Protection, 799 9th Street, NW., Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 572-8768.
Inapplicability of Notice and Delayed Effective Date Requirements and
the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 553(b)(B), CBP has
determined that prior public notice and comment procedures on this
regulation are unnecessary and contrary to the public interest. The
regulatory change provides a benefit to prospective applicants for
individual customs broker licenses and imposes no new regulatory burden
or obligation on any member of the general public. For the same
reasons, pursuant to the provisions of 5 U.S.C. 553(d)(1) and (3), CBP
finds that there is good cause for dispensing with a delayed effective
date. Because no notice of proposed rulemaking is required for interim
regulations, the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) do not apply.
Executive Order 12866
This document does not meet the criteria for a ``significant
regulatory action'' as specified in E.O. 12866.
Drafting Information
The principal author of this document was Francis W. Foote, Office
of Regulations and Rulings, Bureau of Customs and Border Protection.
However, personnel from other offices participated in its development.
List of Subjects in 19 CFR Part 111
Administrative practice and procedure, Brokers, Customs duties and
inspection, Imports, Licensing, Reporting and recordkeeping
requirements.
Amendment to the Regulations
0
For the reasons set forth in the preamble, Part 111 of the Customs
Regulations (19 CFR Part 111) is amended as set forth below.
PART 111--CUSTOMS BROKERS
0
1. The authority citation for Part 111 continues to read in part as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized
Tariff Schedule of the United States), 1624, 1641.
* * * * *
0
2. In Sec. 111.13, the first sentence of paragraph (b) is revised to
read as follows:
Sec. 111.13 Written examination for individual license.
* * * * *
(b) Date and place of examination. Written examinations will be
given on the first Monday in April and October unless the regularly
scheduled
[[Page 31978]]
examination date conflicts with a national holiday, religious
observance, or other foreseeable event and the agency publishes in the
Federal Register an appropriate notice of a change in the examination
date. * * *
* * * * *
Robert C. Bonner,
Commissioner, Customs and Border Protection.
Approved: April 24, 2003.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03-13455 Filed 5-28-03; 8:45 am]
BILLING CODE 4820-02-P