[Federal Register: August 30, 2004 (Volume 69, Number 167)]
[Rules and Regulations]
[Page 52813-52814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au04-3]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 111
[C.B.P. Dec. No. 04-30]
RIN 1651-AA46
Customs Broker License Examination Dates
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule the interim rule amending
the Customs and Border Protection (CBP) regulations to allow CBP 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.
EFFECTIVE DATE: August 30, 2004
FOR FURTHER INFORMATION CONTACT: Alice Buchanan, Office of Field
Operations (202-344-2673).
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.
Pursuant to the Homeland Security Act of 2002 (Pub. L. 107-296) and
Treasury Order No. 100-16, the Secretary of the Department of Homeland
Security now has the authority to prescribe the rules and regulations
relating to Customs brokers.
The regulations issued under the authority of section 641 are set
forth in part 111 of the Customs and Border
[[Page 52814]]
Protection (CBP) 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.''
On May 29, 2003, CBP published in the Federal Register (68 FR
31976) as T.D. 03-23 , an interim rule adding a provision that would
allow CBP 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. In the interim rule, CBP noted that the first
Monday in October 2003, that is, October 6th, coincided with the
observance of Yom Kippur, and CBP noted that the regulatory text quoted
above did 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, T.D. 03-23
amended Sec. 111.13(b) to provide CBP with some flexibility in those
circumstances as regards the determination of the specific date on
which an examination will be given. The interim rule requested
comments, and those that were received are discussed below.
Discussion of Comments
Two commenters responded to the solicitation of public comment, and
both requested that the regulation include a statement as to when the
rescheduled examination will occur. Specifically, one commenter
requested that the rescheduled examination date be no more than five
business days (or one calendar week) later than the first Monday in
April or the first Monday in October. The other commenter requested
that we standardize the manner in which the rescheduled date will be
determined, but did not request any specific time frame for the
rescheduled date.
CBP believes that it is not necessary to include in the regulation
a statement as to exactly when the rescheduled examination would occur.
While CBP does not intend to schedule an examination later than one
week after the first Monday in April or October, CBP believes that it
would not be wise to standardize the rescheduled date(s) because CBP
contracts the administration of the examinations to the Office of
Personnel Management (OPM). Standardization as to when an examination
would be rescheduled could unduly constrain CBP and OPM to what may
become ill-timed or unavailable dates.
Conclusion
After analysis of the comments and further review of the matter,
CBP has determined to adopt as a final rule, with no changes, the
interim rule published in the Federal Register (68 FR 31976) on May 29,
2003, as T.D. 03-23.
Signing Authority
This final rule is being issued in accordance with 19 CFR 0.1(b)(1)
of the CBP Regulations.
Inapplicability of Notice and Delayed Effective Date Requirements and
the Regulatory Flexibility Act
Because this regulation finalizes an interim rule already in effect
that 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, CBP finds that,
pursuant to the provisions of 5 U.S.C. 553(d)(1) and (3), 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 impose restrictions on the publication of this regulation.
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 Dwayne S. Rawlings,
Office of Regulations and Rulings, Bureau of Customs and Border
Protection.
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 above, the interim rule amending Sec. 111.13
of Title 19 of the Code of Federal Regulations (19 CFR part 111.13),
which was published in the Federal Register (68 FR 31976) on May 29,
2003, as T.D. 03-23, is adopted as a final rule without change.
Dated: August 24, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 04-19664 Filed 8-27-04; 8:45 am]
BILLING CODE 4820-02-P