Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS2

accreditors, including the email address to which such electronic correspondences should be submitted, on its website. CBP plans to request that content providers and instructors, discussion leaders, and speakers seeking to claim continuing education credits under the special allowance who submit a complaint pertaining to the denial of a specific accreditation adhere to the following procedures. First, the content provider and instructors, discussion leaders, and speakers seeking to claim continuing education credits under the special allowance should contact the CBP-selected accreditor to request a detailed explanation as to the denial of the accreditation request.
Second, if following the receipt of the detailed explanation, the content provider and instructors, discussion leaders, and speakers seeking to claim continuing education credits under the special allowance continues to believe that the denial was in error, the content provider should submit a complaint to CBP, including 1 a copy of all materials that were submitted to the accreditor for consideration, 2 any materials received from the accreditor that explain why the activity was rejected, and 3 a detailed explanation as to why the content provider believes the denial decision to be erroneous.
In order to ensure the successful implementation of the proposed continuing education requirement, CBP
will also welcome any other type of feedback, such as feedback on accreditor performance and customer experience, positive interactions, and areas for improvement. CBP plans to compile and share such feedback during the sessions that CBP intends to hold with the accreditors on a periodic basis.
F. Timeframe for the Implementation of the Proposed Changes This NPRM provides for a public comment period of 60 days. Upon the review of the comments and further consideration, CBP will prepare a final rule. The final rule will adopt the current proposal as final, with or without changes based on consideration of the public comments, and will provide the date on which the changes will become effective. In addition to the 30-day delayed effective date required under the Administrative Procedure Act 5 U.S.C. 553c, CBP anticipates that there will be an additional delay between the publication of the final rule and the effective date to allow for proper implementation of the continuing education framework.
As CBPs proposal requires some training and educational activities to be approved for continuing education
VerDate Sep<11>2014

20:35 Sep 09, 2021

Jkt 253001

credit by a CBP-selected accreditor, a delayed effective date will be needed in order to permit for sufficient time for the selection of qualified accreditors, for CBP-selected accreditors to set up their processes for reviewing accreditation requests, and for content providers to obtain accreditation for their training or educational activities. CBP will ensure that there will be adequate time for compliance by individual brokers if the proposed rule is adopted. For example, in addition to a delayed effective date, CBP may also select an effective date for the final rule that coincides with the beginning of a new triennial period or prorate the number of continuing education credits individual brokers must complete by the end of the triennial period during which the final rule becomes effective.
V. Statutory and Regulatory Requirements A. Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule is not a significant regulatory action, under section 3f of Executive Order 12866. Accordingly, the Office of Management and Budget OMB has not reviewed this regulation.
CBP has prepared the following analysis to help inform stakeholders of the impacts of this proposed rule.
1. Purpose of Rule The proposed rule, if implemented, would require active 16 individual customs broker license holders brokers to complete 36 hours of continuing education every three years. A
continuing education requirement would increase the knowledge base from which brokers work, educate them on changing customs requirements, regulations, and laws, and reduce the number of errors in filings and resultant penalties. CBP believes that requiring continuing education would enhance the credibility and value of an individual customs broker license and improve a brokers skills, performance, and productivity. Furthermore, CBP
16 The term active refers to a license that has not been suspended.

PO 00000

Frm 00015

Fmt 4701

Sfmt 4702

50807

believes that mandating continuing education would increase the quality of service for brokers clients and importers compliance with customs laws, which would protect the revenue of the United States and aid in maintaining a high standard of professionalism in the customs broker community.
2. Background On October 28, 2020, CBP published an ANPRM, entitled Continuing Education for Licensed Customs Brokers, in the Federal Register 85 FR
68260. The ANPRM presented a basic outline for a continuing education requirement for licensed customs brokers and posed questions pertaining to the potential costs and benefits of such a requirement. Some of the public comments that CBP received in response to the ANPRM addressed the questions pertaining to the potential costs and benefits of such a requirement, although very few contained specific information or data.
Any information that was provided on these issues was taken into account in formulating this analysis. In this NPRM, CBP is proposing a continuing education requirement for individual brokers.
i. Customs Brokers A customs broker assists clients with the importation of goods into the United States, and also with the filing of drawback claims. Customs brokers can be individuals, partnerships, associations, or corporations and must be licensed by CBP. Brokers are responsible for helping clients to meet all relevant requirements for importing and submitting drawback claims, submitting information and payments to CBP on their clients behalf, and exercising responsible supervision and control over their employees and customs business.17 Only licensed customs brokers may perform customs business.18 Brokers may have expertise 17 For more details on responsible supervision and control, see 19 U.S.C. 1641b4, as well as 19
CFR 111.1 and 111.28.
18 Customs business is defined as: those activities involving transactions with U.S. Customs and Border Protection concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with U.S.
Customs and Border Protection in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation,
E:FRFM10SEP2.SGM

Continued
10SEP2