Voglio sapere a riguardo di…

50798

Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
how they affected the formulation of the framework proposed in this NPRM. CBP
will provide more detailed descriptions of the comments and responses to the issues raised therein when responding to the comments received for this NPRM.
1. Required Number of Hours of Continuing Education Seven commenters recommended that CBP require customs brokers to complete, at a maximum, 36 hours of continuing broker education every three years, rather than the 40 hours of continuing broker education per triennial period that was considered in the ANPRM. CBP believes that requiring individual brokers to complete on average one hour of continuing education per month will make it easier for individual brokers to plan their continuing education. Continuing education requirements of one hour of continuing education per month have been adopted for many other professions.11 CBP also believes that requiring more than 36 hours of continuing broker education per triennial period could be burdensome for the customs broker community especially individual brokers operating as or working for small businesses and a lower requirement would be insufficient to ensure that individual brokers keep abreast of changes in customs and related laws. Accordingly, CBP has adopted the commenters suggestion in this NPRM and is proposing to require that individual brokers complete 36 hours of continuing broker education per triennial period.

jbell on DSKJLSW7X2PROD with PROPOSALS2

2. Qualifying Continuing Education Seven commenters suggested that corporate, in-house training should be eligible for continuing education credit.
CBP agrees that corporate, in-house training can serve as an appropriate continuing education activity, as it is routinely given to employees to provide them with knowledge specifically 11 See, e.g., Ala. R. Mand. Cont. Legal Ed. Rule 3, available at https www.alabar.org/assets/2019/02/
MCLE-RULE-BOOK-2017-updated-01-17-2017.pdf accessed on July 16, 2021; Ark. R. Minimum Cont Legal Educ. Rule 4, available at https
rules.arcourts.gov/w/ark/rules-for-minimumcontinuing-legal-education!fragment/zoupio-_
Toc44590166/BQCwhgziBcwMYgK4DsDWsz IQewE4BUBTADwBdoAvbRABwEtsBaAfX2zg BYOBWATgAYAjADZhASgA0ybKUIQAiok K4AntADk6iRDi5sAG30BhJGmgBCZNs JhcCRcrWbrthAGU8pAEJqASgFEAGX8ANQBBAD
kjfwlSMAAjaFJ2MTEgA accessed on July 16, 2021;
Conn. Practice Book 227A, available at https
www.jud.ct.gov/Publications/PracticeBook/PB.pdf accessed on July 16, 2021; Cal Bus & Prof Code 1275, available at https leginfo.legislature.
ca.gov/faces/codes_displaySection.xhtml?
sectionNum=1275&lawCode=BPC accessed on July 16, 2021.

VerDate Sep<11>2014

20:35 Sep 09, 2021

Jkt 253001

tailored to their job functions and experience levels. As such, CBPs proposal would allow customs brokers to satisfy the continuing education requirement through corporate, in-house training if the training receives the approval of an accreditor. CBP believes that requiring corporate, in-house training to be approved by an accreditor will ensure that it meets the objectives of the continuing education framework proposed in this NPRM.
Three commenters also suggested that any training or educational activity provided by CBP, or offered by any other U.S. Government agency that routinely offers training relevant to customs business, should automatically qualify for continuing education credit, without the need for accreditation. CBP
agrees and believes that these types of activities should automatically qualify for continuing education credit, thus limiting the administrative burden and overall costs associated with the implementation of the proposed rule.
Additionally, CBPs trainings are designed to educate the public about important and timely issues facing entities involved in international trade, and, thus, by virtue of their design, meet the objectives of continuing broker educationthat is, to assist individual brokers in maintaining a sufficient knowledge of customs matters.
Accordingly, CBP adopted the commenters suggestion in this NPRM.
3. Specific Subject Matter Content Requirements Five commenters raised concerns pertaining to CBPs proposal to require customs brokers to complete a specific number of hours of continuing education on specific subject matter areas content requirements. In the ANPRM, CBP solicited public comments on the adoption of a continuing broker education framework that would have required the majority 75 percent of the required continuing education credits to pertain to laws authorizing CBP operations and processes, as well as CBP regulations and programs. Under the proposal considered in the ANPRM, only the remainder 25 percent would have been available for education focusing on other areas related to international trade such as other U.S. Government agency requirements.
All commenters that addressed specific subject matter areas raised concerns about the adoption of the ANPRMs stringent content requirement. These commenters noted that such a content requirement would discourage individual brokers from participating in continuing education
PO 00000

Frm 00006

Fmt 4701

Sfmt 4702

specifically tailored to their job functions and their experience levels, and, therefore, would inhibit professionalism and competency within the customs broker community. In light of the commenters concerns, CBP is not proposing to require individual brokers to complete a specific number of hours of continuing education on laws authorizing CBP operations and processes, and CBP regulations and programs. CBP recognizes that the educational needs of individual brokers differ greatly based on each individual brokers position, experience level, and type of employment, and, thus, render content requirements impractical.
Additionally, CBP believes that, as CBP
and the PGAs offer a sufficient number of free, online-based trainings for an individual broker to meet the required number of continued education credits, there is little risk that an individual broker would opt to complete the same training or educational activity multiple times solely for the purpose of earning the required minimum number of continuing education credits.
4. Recordkeeping Requirements Four commenters agreed with CBPs suggestion that although individual brokers should maintain records documenting their compliance with the continuing broker education requirement including specific information, they should not be required to maintain records in any specific format i.e., electronically or in paper. Although the commenters agreed with this suggestion, several of the commenters requested that a form be developed in the Automated Commercial Environment ACE where customs brokers could record their credits as they are earned and accrued.
In accordance with the commenters suggestions, this NPRM does not propose requiring customs brokers to maintain records documenting their compliance with the continuing broker education requirement in any specific form, although the proposed regulations require such records to include certain information and documentation, which are discussed in further detail in section IV.C.4. of this NPRM. CBP appreciates the commenters suggestion and will consider developing such a tool in ACE.
If developed, customs brokers would not be required to use the ACE tool, but it would serve as an option for individuals to track their credits earned.
However, this ACE tool would not be a substitute for maintaining records documenting compliance with the continuing broker education requirement.

E:FRFM10SEP2.SGM

10SEP2