CBP Finalizes Rule Allowing Date Change When Broker Exam Conflicts with Holidays
U.S. Customs and Border Protection (CBP) has issued a final rule, effective August 30, 2004, which adopts without change an interim rule (T.D. 03-23) that amended 19 CFR 111.13(b) to allow CBP to publish a notice changing the date on which the semi-annual Customs broker license examination is held when the normal date conflicts with a holiday, religious observance, or other scheduled event.
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The interim rule revised 19 CFR 111.13(b) to state that written examinations will be given on the first Monday in April or October unless the regularly scheduled 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.
October 2003 exam coincided with Yom Kippur.In the interim rule, CBP noted that the first Monday in October 2003 (October 6th) coincided with the observance of Yom Kippur, and that the regulatory text did 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, the interim rule amended 19 CFR 111.13(b) to provide CBP with some flexibility in those circumstances.
CBP intends to reschedule examinations no later than 1 week after first Monday in April or October. In response to the two comments received, CBP states that it is not necessary to include in the regulation a statement as to exactly when the rescheduled examination would occur. While CBP does not intend to schedule an examination later than one week after the first Monday in April or October, CBP believes that it would not be wise to standardize the rescheduled date(s) because CBP contracts the administration of the examinations to the Office of Personnel Management (OPM).
(See ITT's Online Archives or 06/04/03 news, 03060410, for BP summary of the interim rule.)
CBP contact - Alice Buchanan (202) 344-2673
CBP final rule (CBP Dec. No. 04-30, FR Pub 08/30/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19664.pdf