Customs Broker License Examination Individual Eligibility Requirements, 30328-30330 [E8-11732]
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30328
Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Proposed Rules
9. Commenters that are not able to file
comments electronically must send an
original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426.
10. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
IV. Document Availability
11. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
12. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
13. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at (202) 502–6652 (toll
free at 1–866–208–3676) or e-mail at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 40
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Electric power, Electric utilities,
Reporting and recordkeeping
requirement.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–11694 Filed 5–23–08; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 111
[Docket No. USCBP–2008–0059]
RIN 1651–AA74
Customs Broker License Examination
Individual Eligibility Requirements
Customs and Border Protection,
Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document proposes to
amend the requirements that an
individual must satisfy in order to take
the written examination for an
individual broker’s license, as
administered by Customs and Border
Protection (‘‘CBP’’). This proposed rule
would require that to take the written
examination, an individual would be
required to be a U.S. citizen on the date
of examination who has attained the age
of 21 prior to the date of examination
and is not an officer or employee of the
United States Government. The
proposed amendments would more
closely align the requirements for taking
the written examination with the
requirements an individual must satisfy
in order to obtain a customs broker’s
license. As a result, this proposed rule
would facilitate the overall customs
broker licensing process by helping to
ensure that those taking the examination
are not automatically precluded from
obtaining a license by reason of age,
citizenship status, or employment.
DATES: Comments must be received on
or before July 28, 2008.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2008–0059.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue,
NW., (Mint Annex), Washington, DC
20229.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
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‘‘Public Participation’’ heading of the
section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, U.S. Customs
and Border Protection, 799 9th Street,
NW., (5th Floor), Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Joseph Clark at (202) 572–
8768.
SUPPLEMENTARY INFORMATION
FOR FURTHER INFORMATION CONTACT:
Alfred S. Morawski, Chief, Broker
Compliance Branch, Office of
International Trade, (202) 863–6505.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the
proposed rule. CBP also invites
comments that relate to the economic,
environmental, or federalism effects that
might result from this proposed rule.
Comments that will provide the most
assistance to CBP will reference a
specific portion of the proposed rule,
explain the reason for any
recommended change, and include data,
information, or authority that support
such recommended change. See
ADDRESSES above for information on
how to submit comments.
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.
Section 641 also 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, § 641
states that the Secretary of the Treasury
may conduct an examination to
determine such 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 necessary to
protect importers and the revenue of the
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mstockstill on PROD1PC66 with PROPOSALS
Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Proposed Rules
United States and to carry out the
provisions of § 641.
On November 25, 2002, the President
signed the Homeland Security Act of
2002, (6 U.S.C. 101 et seq., Public Law
107–296) (the ‘‘HSA’’), establishing the
Department of Homeland Security.
Pursuant to § 403(1) of the HSA, the
United States Customs Service was
transferred from the Department of the
Treasury to the Department of
Homeland Security effective March 1,
2003. In addition, pursuant to § 1502 of
the HSA, the ‘‘Customs Service’’ was
renamed as the ‘‘Bureau of Customs and
Border Protection.’’ Subsequently, on
April 23, 2007, a Notice was published
in the Federal Register (72 FR 20131) to
inform the public that the name of the
Bureau of Customs and Border
Protection had been changed by the
Department of Homeland Security to
‘‘U.S. Customs and Border Protection
(CBP),’’ effective March 31, 2007.
Treasury Order No. 100–16 (see
Appendix to 19 CFR part 0) delegated to
the Department of Homeland Security
the authority to prescribe the rules and
regulations relating to customs brokers.
The regulations issued under the
authority of § 641 are set forth in part
111 of title 19 of the Code of Federal
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. These
rules include the qualifications required
of applicants and the procedures for
applying for licenses and permits.
Section 111.11 (19 CFR 111.11) sets
forth the basic requirements for
obtaining a broker’s license. Paragraphs
(a)(1) through (a)(4) of § 111.11 provide
that, in order to obtain a customs
broker’s license, an individual must be:
A citizen of the United States upon
applying for the license and not an
officer or employee of the United States;
attain the age of 21 prior to the date of
application for such license; be of good
moral character; and, obtain a passing
grade on the written examination within
a 3-year period before submission of the
application.
The regulations relating to the written
examination for an individual customs
broker’s license are set forth in § 111.13
(19 CFR 111.13). Paragraph (b) of
§ 111.13, pertaining to the date and
place of the examination, provides that
an individual intending to take the
examination must advise the
appropriate port director in writing at
least 30 calendar days prior to the
scheduled examination date and remit
the $200 examination fee prescribed in
paragraph (a) of § 111.96. There are no
additional requirements in § 111.13 that
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17:40 May 23, 2008
Jkt 214001
must be fulfilled in order for an
individual to sit for the customs broker’s
license examination.
Explanation of Amendments
This document proposes to amend
§ 111.13 in order to more closely align
the basic requirements an individual
must satisfy in order to take the written
examination for a broker’s license with
the basic requirements an individual
must satisfy in order to actually obtain
an individual broker’s license. In order
to be eligible to take the written
examination under the proposed
amendments, an individual would be
required to be a citizen of the United
States on the date of examination and
not an officer or employee of the United
States Government, and to attain the age
of 21 prior to the date of examination.
By more closely aligning the
requirements for taking the examination
with the requirements for obtaining a
license, the proposed amendments
would facilitate the overall licensing
process by helping to ensure that those
sitting for the examination are not
automatically precluded from obtaining
a license by reason of age, citizenship
status, or employment. For example,
under the current regulations, an
individual could take and pass the
examination but not be eligible to obtain
a license because he or she has not
attained the age of 21, is not a U.S.
citizen, or is employed by the U.S.
Government. The proposed
amendments would prevent this from
occurring and, as a result, such an
individual would be spared the time
and expense of preparing for and taking
the examination. CBP would also
benefit as the proposed rule would
prevent unnecessary expenditures of
resources in administering the
examination with respect to individuals
who are ineligible to obtain a license.
In addition, it is noted that limiting
the examination to U.S. citizens is a
reasonable security measure that
conforms to the existing citizenship
requirement for obtaining a license.
Moreover, by barring U.S. Government
employees from taking the examination,
the proposed amendments would help
to eliminate the appearance of any
conflict of interest or unfair advantage
that might be associated with their
employment in connection with taking
the examination.
This document also proposes nonsubstantive amendments to § 111.13(a),
(c), and (e) to reflect the nomenclature
changes effected by the transfer of CBP
to the Department of Homeland
Security.
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30329
Inapplicability of Regulatory Flexibility
Act and Executive Order 12866
Pursuant to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), it is certified that, if adopted,
the proposed amendments will not have
a significant economic impact on a
substantial number of small entities
because the proposed rule would merely
result in more closely aligning the
requirements for taking the written
examination for an individual customs
broker’s license with the requirements
for actually obtaining a customs broker’s
license. Accordingly, the proposed
amendments are not subject to the
regulatory analysis or other
requirements of 5 U.S.C. 603 and 604.
In addition, this document does not
meet the criteria for a ‘‘significant
regulatory action’’ as specified in E.O.
12866.
Signing Authority
This document is being issued by CBP
in accordance with § 0.1(b)(1) of the
CBP regulations (19 CFR 0.1(b)(1)).
List of Subjects
Administrative practice and
procedure, Brokers, Customs duties and
inspection, Imports, Licensing,
Reporting and recordkeeping
requirements.
Proposed Amendments to the CBP
Regulations
It is proposed to amend part 111 of
title 19 of the Code of Federal
Regulations (19 CFR part 111) as set
forth below.
PART 111—CUSTOMS BROKERS
1. The general authority citation for
part 111 continues to read as follows:
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 1641.
2. In § 111.13:
a. Paragraph (a) is amended by
removing the words ‘‘Customs
Headquarters’’ and adding, in their
place, the words ‘‘Customs and Border
Protection Headquarters’’;
b. Paragraph (b) is amended by
revising the heading and adding a new
first sentence;
c. Paragraph (c) is amended by
removing the word ‘‘Customs’’ each
place it appears and adding, in its place,
the term ‘‘CBP’’; and
d. Paragraph (e) is amended by
removing the word ‘‘Customs’’ in the
first sentence and adding, in its place,
the term ‘‘CBP’’.
The revision reads as follows:
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§ 111.13
license.
Federal Register / Vol. 73, No. 102 / Tuesday, May 27, 2008 / Proposed Rules
Written examination for individual
*
*
*
*
*
(b) Basic requirements, date, and
place of examination. In order to be
eligible to take the written examination,
an individual must be a citizen of the
United States on the date of
examination and not an officer or
employee of the United States
Government, and attain the age of 21
prior to the date of examination. * * *
*
*
*
*
*
Dated: May 21, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E8–11732 Filed 5–23–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–136020–07]
RIN 1545–BG96
Treatment of Property Used To Acquire
Parent Stock in Certain Triangular
Reorganizations Involving Foreign
Corporations
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
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AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations under section 367(b) of the
Internal Revenue Code (Code) regarding
certain triangular reorganizations. The
regulations implement rules described
in Notice 2006–85 and Notice 2007–48.
The regulations primarily affect
corporations engaged in certain
triangular reorganizations involving one
or more foreign corporations. The text of
those regulations also serves as the text
of these proposed regulations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by August 25, 2008.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–136020–07), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC:PA:LPD:PR (REG–136020–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
VerDate Aug<31>2005
17:40 May 23, 2008
Jkt 214001
NW., Washington, DC, or sent
electronically, via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–136020–
07).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Daniel McCall, (202) 622–3860;
concerning submissions of comments,
requests for a public hearing, and/or to
be placed on the building access list to
attend a hearing, contact Richard Hurst
(Richard.A.Hurst@irscounsel.treas.gov)
or (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend the Income
Tax Regulations (26 CFR part 1) relating
to section 367(b) of the Code and certain
triangular reorganizations. The text of
those regulations also serves as the text
of these proposed regulations. The
preamble to the temporary regulations
explains the temporary regulations and
the proposed regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required.
It is hereby certified that these
regulations will not have a significant
economic impact on a substantial
number of small entities. Accordingly, a
regulatory flexibility analysis is not
required. This certification is based on
the fact that the regulations will
primarily affect large multi-national
corporations that engage in triangular
reorganizations subject to the
regulations. The regulations apply to
triangular reorganizations, involving
one or more foreign corporations, to the
extent that, in connection with the
reorganization, the acquiring
corporation purchases, in exchange for
property, all or a portion of the stock
used to acquire the stock or assets of the
target corporation. Therefore, the IRS
and Treasury Department expect only a
de minimis number of small business
entities to be subject to the regulations.
Pursuant to section 7805(f) of the Code,
this regulation has been submitted to
the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact on small
business.
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Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS. The
IRS and Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for the public hearing will be
published in the Federal Register.
Drafting Information
The principal author of these
proposed regulations is Daniel McCall
of the Office of Associate Chief Counsel
(International). However, other
personnel from the IRS and the Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding new
entries in numerical order to read as
follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.367(a)–3(b)(2)(i)(C) also issued
under 26 U.S.C. 367(a) and (b). * * *
Section 1.367(b)–14 also issued under 26
U.S.C. 367(b). * * *
Par. 2. Section 1.367(a)–3 is amended
by adding new paragraph (b)(2)(i)(C) to
read as follows:
§ 1.367(a)–3 Treatment of transfers of
stock or securities to foreign corporations.
*
*
*
*
*
(b) * * *
(2) * * *
(i) * * *
(C) [The text of this proposed
amendment to § 1.367(a)–3(b)(2)(i)(C) is
the same as the text of § 1.367(a)–
3T(b)(2)(i)(C) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
Par. 3. Section 1.367(b)–14 is added
to read as follows:
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]]>Agencies
[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Proposed Rules]
[Pages 30328-30330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11732]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 111
[Docket No. USCBP-2008-0059]
RIN 1651-AA74
Customs Broker License Examination Individual Eligibility
Requirements
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the requirements that an
individual must satisfy in order to take the written examination for an
individual broker's license, as administered by Customs and Border
Protection (``CBP''). This proposed rule would require that to take the
written examination, an individual would be required to be a U.S.
citizen on the date of examination who has attained the age of 21 prior
to the date of examination and is not an officer or employee of the
United States Government. The proposed amendments would more closely
align the requirements for taking the written examination with the
requirements an individual must satisfy in order to obtain a customs
broker's license. As a result, this proposed rule would facilitate the
overall customs broker licensing process by helping to ensure that
those taking the examination are not automatically precluded from
obtaining a license by reason of age, citizenship status, or
employment.
DATES: Comments must be received on or before July 28, 2008.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2008-0059.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue, NW., (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, U.S. Customs and Border Protection, 799 9th
Street, NW., (5th Floor), Washington, DC. Arrangements to inspect
submitted comments should be made in advance by calling Joseph Clark at
(202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Alfred S. Morawski, Chief, Broker
Compliance Branch, Office of International Trade, (202) 863-6505.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. CBP also invites comments that relate to the economic,
environmental, or federalism effects that might result from this
proposed rule. Comments that will provide the most assistance to CBP
will reference a specific portion of the proposed rule, explain the
reason for any recommended change, and include data, information, or
authority that support such recommended change. See ADDRESSES above for
information on how to submit comments.
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. Section 641
also 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, Sec. 641
states that the Secretary of the Treasury may conduct an examination to
determine such 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 necessary to
protect importers and the revenue of the
[[Page 30329]]
United States and to carry out the provisions of Sec. 641.
On November 25, 2002, the President signed the Homeland Security
Act of 2002, (6 U.S.C. 101 et seq., Public Law 107-296) (the ``HSA''),
establishing the Department of Homeland Security. Pursuant to Sec.
403(1) of the HSA, the United States Customs Service was transferred
from the Department of the Treasury to the Department of Homeland
Security effective March 1, 2003. In addition, pursuant to Sec. 1502
of the HSA, the ``Customs Service'' was renamed as the ``Bureau of
Customs and Border Protection.'' Subsequently, on April 23, 2007, a
Notice was published in the Federal Register (72 FR 20131) to inform
the public that the name of the Bureau of Customs and Border Protection
had been changed by the Department of Homeland Security to ``U.S.
Customs and Border Protection (CBP),'' effective March 31, 2007.
Treasury Order No. 100-16 (see Appendix to 19 CFR part 0) delegated
to the Department of Homeland Security the authority to prescribe the
rules and regulations relating to customs brokers.
The regulations issued under the authority of Sec. 641 are set
forth in part 111 of title 19 of the Code of Federal 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. These rules include the qualifications
required of applicants and the procedures for applying for licenses and
permits. Section 111.11 (19 CFR 111.11) sets forth the basic
requirements for obtaining a broker's license. Paragraphs (a)(1)
through (a)(4) of Sec. 111.11 provide that, in order to obtain a
customs broker's license, an individual must be: A citizen of the
United States upon applying for the license and not an officer or
employee of the United States; attain the age of 21 prior to the date
of application for such license; be of good moral character; and,
obtain a passing grade on the written examination within a 3-year
period before submission of the application.
The regulations relating to the written examination for an
individual customs broker's license are set forth in Sec. 111.13 (19
CFR 111.13). Paragraph (b) of Sec. 111.13, pertaining to the date and
place of the examination, provides that an individual intending to take
the examination must advise the appropriate port director in writing at
least 30 calendar days prior to the scheduled examination date and
remit the $200 examination fee prescribed in paragraph (a) of Sec.
111.96. There are no additional requirements in Sec. 111.13 that must
be fulfilled in order for an individual to sit for the customs broker's
license examination.
Explanation of Amendments
This document proposes to amend Sec. 111.13 in order to more
closely align the basic requirements an individual must satisfy in
order to take the written examination for a broker's license with the
basic requirements an individual must satisfy in order to actually
obtain an individual broker's license. In order to be eligible to take
the written examination under the proposed amendments, an individual
would be required to be a citizen of the United States on the date of
examination and not an officer or employee of the United States
Government, and to attain the age of 21 prior to the date of
examination. By more closely aligning the requirements for taking the
examination with the requirements for obtaining a license, the proposed
amendments would facilitate the overall licensing process by helping to
ensure that those sitting for the examination are not automatically
precluded from obtaining a license by reason of age, citizenship
status, or employment. For example, under the current regulations, an
individual could take and pass the examination but not be eligible to
obtain a license because he or she has not attained the age of 21, is
not a U.S. citizen, or is employed by the U.S. Government. The proposed
amendments would prevent this from occurring and, as a result, such an
individual would be spared the time and expense of preparing for and
taking the examination. CBP would also benefit as the proposed rule
would prevent unnecessary expenditures of resources in administering
the examination with respect to individuals who are ineligible to
obtain a license.
In addition, it is noted that limiting the examination to U.S.
citizens is a reasonable security measure that conforms to the existing
citizenship requirement for obtaining a license. Moreover, by barring
U.S. Government employees from taking the examination, the proposed
amendments would help to eliminate the appearance of any conflict of
interest or unfair advantage that might be associated with their
employment in connection with taking the examination.
This document also proposes non-substantive amendments to Sec.
111.13(a), (c), and (e) to reflect the nomenclature changes effected by
the transfer of CBP to the Department of Homeland Security.
Inapplicability of Regulatory Flexibility Act and Executive Order 12866
Pursuant to the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), it is certified that, if adopted, the proposed
amendments will not have a significant economic impact on a substantial
number of small entities because the proposed rule would merely result
in more closely aligning the requirements for taking the written
examination for an individual customs broker's license with the
requirements for actually obtaining a customs broker's license.
Accordingly, the proposed amendments are not subject to the regulatory
analysis or other requirements of 5 U.S.C. 603 and 604. In addition,
this document does not meet the criteria for a ``significant regulatory
action'' as specified in E.O. 12866.
Signing Authority
This document is being issued by CBP in accordance with Sec.
0.1(b)(1) of the CBP regulations (19 CFR 0.1(b)(1)).
List of Subjects
Administrative practice and procedure, Brokers, Customs duties and
inspection, Imports, Licensing, Reporting and recordkeeping
requirements.
Proposed Amendments to the CBP Regulations
It is proposed to amend part 111 of title 19 of the Code of Federal
Regulations (19 CFR part 111) as set forth below.
PART 111--CUSTOMS BROKERS
1. The general authority citation for part 111 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 1641.
2. In Sec. 111.13:
a. Paragraph (a) is amended by removing the words ``Customs
Headquarters'' and adding, in their place, the words ``Customs and
Border Protection Headquarters'';
b. Paragraph (b) is amended by revising the heading and adding a
new first sentence;
c. Paragraph (c) is amended by removing the word ``Customs'' each
place it appears and adding, in its place, the term ``CBP''; and
d. Paragraph (e) is amended by removing the word ``Customs'' in the
first sentence and adding, in its place, the term ``CBP''.
The revision reads as follows:
[[Page 30330]]
Sec. 111.13 Written examination for individual license.
* * * * *
(b) Basic requirements, date, and place of examination. In order to
be eligible to take the written examination, an individual must be a
citizen of the United States on the date of examination and not an
officer or employee of the United States Government, and attain the age
of 21 prior to the date of examination. * * *
* * * * *
Dated: May 21, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E8-11732 Filed 5-23-08; 8:45 am]
BILLING CODE 9111-14-P
