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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
individual brokers.53 In order to maintain these professional certifications, these brokers are required to earn 20 continuing education credits per year.54 Additionally, public comments in response to the ANPRM, as well as discussions between CBP and various broker organizations, indicate that most large businesses employing brokers already provide, and often mandate, internal training and
are less than $16.5 million, regardless of the number of employees.55 Table 4
shows the receipts per firm, in millions of dollars, for firms employing each number of employees.56 The average firm within Categories 7 and 9 has annual receipts of greater than $16.5
million and is considered a large business. These firms employ 161,463
people, or approximately 61 percent of the total employees in the industry.

continuing education. Based on data from the U.S. Census Bureau, approximately 61 percent of those employed within the Freight Transportation Arrangement Industry North American Industry Classification System NAICS code 448510 are not employed by small businesses. A small business within the Freight Transportation Arrangement Industry is defined as one whose annual receipts
TABLE 4SMALL BUSINESSES IN THE FREIGHT TRANSPORTATION ARRANGEMENT INDUSTRY

01:
02:
03:
04:
05:
06:
07:
08:
09:

Total <5
59
1019 <20
2099
100499 <500
500+

Given the proportion of brokers working for larger businesses, the feedback on the ANPRM indicating high rates of compliance, the proportion of brokers pursing certifications, and input from CBP subject matter experts who frequently interact with the broker community, CBP estimates that approximately 60 percent of individual brokers are already in compliance with
Preliminary receipts all firms, $1,000s 58

Number of employees
Employment size 57

265,192
15,939
18,025
20,288
54,252
49,477
44,715
148,444
116,748

the requirements of the proposed rule and would not face new costs, assuming a continuing level of similar activity, aside from recordkeeping and reporting, as a result of the rules implementation.
Based on the likely proportion of brokers already in compliance, CBP
estimates that 5,947 affected brokers, or approximately 40 percent, would need to come into compliance with the
Receipts per firm $

67,276,572
6,315,166
5,392,992
5,870,163
17,578,321
13,973,780
10,886,028
42,438,129
24,838,443

Small business?

4,454,222
708,614
1,974,732
3,851,813
1,335,029
10,397,158
30,493,076
2,854,327
105,247,640

Yes.
Yes.
Yes.
Yes.
Yes.
No.
Yes.
No.

proposed rule over a 6-year period of analysis see Table 5. We request comment on our assumption that 60
percent of brokers already spend at least 36 hours per 3-year period on continuing education and that the remaining 40 percent of brokers would need to increase their training by the full 36 hours triennially to meet the proposed requirement.

TABLE 5PROJECTION OF BROKERS AFFECTED BY THE PROPOSED RULE
Year
jbell on DSKJLSW7X2PROD with PROPOSALS2

2021
2022
2023
2024
2025
2026

Total licenses
Proportion in compliance %

Total licensed brokers affected

13,822
13,822
13,822
14,867
14,867
14,867

60
60
60
60
60
60

5,529
5,529
5,529
5,947
5,947
5,947

Total

14,867

5,947

Although individual brokers are the primary party affected by the terms of the proposed rule, the rule would also
have an impact on CBP, providers of continuing education, and the bodies who accredit continuing education.

Each party would see both costs and benefits under the proposed rule.

53 Discussion with officials at the NCBFAA on April 5, 2021. This includes brokers renewing their certification in 2020, as well as those becoming certified for the first time. The CCS certification program requires enough hours of continuing education to comply with the terms of the proposed rule and the NCBFAA has expressed interest in becoming an accredited provider.
54 See National Customs Brokers & Forwarders Association of America, Inc., CES FAQs, available at https www.ncbfaa.org/Scripts/4Disapi.dll/
4DCGI/cms/review.html?Action=CMS_Document&

DocID=13806&MenuKey=education last accessed on July 2, 2021; National Customs Brokers &
Forwarders Association of America, Inc., CCS
FAQs, available at https www.ncbfaa.org/Scripts/
4Disapi.dll/4DCGI/cms/review.html?Action=CMS_
Document&DocID=13803&MenuKey=education last accessed on July 2, 2021.
55 Small business size standards are defined in 13
CFR 121.
56 United States Census Bureau, 2017 County Business Patterns and 2017 Economic Census, Released March 6, 2020, https www.census.gov/

data/tables/2017/econ/susb/2017-susbannual.html. Accessed March 15, 2021.
57 Note that some of the categories are sums of other categories. For example, Category 8, <500, is a sum of Categories 2, 3, 4, 6, and 7. Thus, Categories 7 and 9 are not consecutive, but represent all firms employing 100 or more people.
58 The Survey of U.S. Businesses SUSB from which this data is taken is conducted in years ending in 2 and 7. Note that finalized results from the 2017 survey are scheduled for release in May of 2021.

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