[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31976-31978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13455]


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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