[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70855-70856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR PART 103
[CBP Dec. 13-18]
Technical Corrections Relating to the Procedures for the
Production or Disclosure of Information in State or Local Criminal
Proceedings
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security, Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations to update the list of supervisors authorized to allow their
employees to testify in state or local criminal proceedings in response
to a demand of a court, administrative agency, or other authority. The
applicable regulation was promulgated by the U.S. Customs Service prior
to the creation of CBP as part of the Department of Homeland Security
(DHS). The changes are necessary to more accurately reflect the current
CBP organizational structure. This document also makes non-substantive
editorial and nomenclature changes to reflect the transfer of the
legacy U.S. Customs Service of the Department of the Treasury to DHS
and the creation of U.S. Customs and Border Protection.
DATES: Effective Date: November 27, 2013.
FOR FURTHER INFORMATION CONTACT: Howard Charles, Office of Chief
Counsel, 202-344-2759, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. Production or Disclosure in Federal, State, Local, and Foreign
Proceedings
Title 19, Code of Federal Regulations (19 CFR), Part 103, Subpart
B, sets forth the procedures to be followed with respect to the
production or disclosure of any information, including testimony, in
all federal, state, local, and foreign proceedings when a demand of a
court, administrative agency, or other authority is issued for such
information. Although 19 CFR 103.22(a) generally requires prior written
approval from the Chief Counsel of the former U.S. Customs Service, 19
CFR 103.26 allows certain agency supervisors to authorize their
employees to testify, disclose, or produce certain information in state
or local criminal cases when the demand is made by prosecutors. The
listed agency supervisors include: port directors, special agents in
charge, and chiefs of field laboratories.
B. Establishment and Reorganization of CBP Under the Homeland Security
Act of 2002
The Department of Homeland Security (DHS) was established on
January 24, 2003, pursuant to the Homeland Security Act of 2002. See
Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135,
codified at 6 U.S.C. 111. Section 403(1) of the Homeland Security Act
of 2002 transferred the functions, personnel, assets, and liabilities
of the U.S. Customs Service of the Department of the Treasury,
including the functions of the Secretary of the Treasury, to the
Secretary of Homeland Security, with certain exceptions pertaining to
Customs revenue functions not relevant to this final rule.
The reorganization under DHS resulted in the consolidation of
certain existing organizations as well as the creation of new
divisions, or offices, within U.S. Customs and Border Protection (CBP).
The Office of Field Operations (OFO), Office of Internal Affairs (IA),
U.S. Border Patrol (USBP), Office of Air and Marine (OAM), and
Laboratory and Scientific Services (LSS) \1\ were established under CBP
following the reorganization under DHS. Similarly, under the DHS
reorganization the investigative functions of the former U.S. Customs
Service were reassigned to U.S. Immigration and Customs Enforcement
(ICE).\2\
---------------------------------------------------------------------------
\1\ LSS was the Office of Technical Services until 1992 when it
was renamed LSS. LSS transitioned to CBP's Office of Information and
Technology from the Office of Field Operations on September 1, 2000.
LSS provides CBP with forensic and scientific analysis in trade
enforcement. The field laboratories use mobile labs to provide on-
site emergency response and analysis at the border.
\2\ CBP subsequently established IA and special agents in charge
within that office to investigate internal matters.
---------------------------------------------------------------------------
C. Regulatory Amendment
The list of agency supervisors contained in 19 CFR 103.26 who can
authorize their employees to testify or provide information in state or
local criminal cases has not been updated to reflect the organizational
structure of CBP. As such, it does not include personnel from USBP or
OAM and it includes LSS position titles that no longer exist in the CBP
organization.
Therefore, it is necessary to amend 19 CFR 103.26 to include the
appropriate officials within CBP, including USBP, OAM, and LSS
personnel.
Under CBP's current organizational structure, ``port directors,''
``special agents in charge within the Office of Internal Affairs,''
``chief patrol agents'', ``directors within the Office of Air and
Marine'', ``directors of field laboratories'', and ``any supervisor of
such officials'' are the appropriate officials within OFO, IA, USBP,
OAM, and LSS, respectively, who are authorized to allow employees under
their supervision to provide information and testify in state or local
criminal proceedings.
For the reasons described above, and to more accurately reflect the
current CBP organizational structure, this final rule amends 19 CFR
103.26 by adding ``chief patrol agents'', ``directors within the Office
of Air and Marine'', and ``any supervisor of such officials''; and by
replacing ``chiefs of field laboratories'' with ``directors of field
laboratories'' in the list of personnel authorized to allow employees
under their supervision to testify, disclose, or produce certain
information in state or local criminal proceedings.
This document also amends 19 CFR part 103, Subpart B to reflect the
transfer of the legacy U.S. Customs Service of the Department of the
Treasury to DHS and the subsequent renaming of the agency as U.S.
Customs and Border Protection (CBP).
II. Statutory and Regulatory Requirements
A. Inapplicability of Public Notice and Delayed Effective Date
Requirements
This amendment merely updates the regulations to reflect the
current organizational structure of CBP as it relates to the
supervisors authorized to allow employee testimony in state and local
criminal proceedings and to reflect
[[Page 70856]]
the transfer of the legacy U.S. Customs Service of the Department of
the Treasury to DHS and the subsequent renaming of the agency. As this
rule pertains to agency organization, procedure, or practice it is
exempt from prior notice and public comment pursuant to 5 U.S.C.
553(b)(A). For this same reason, pursuant to 5 U.S.C. 553(d)(3), CBP
finds that good cause exists for not providing a delayed effective
date.
B. The Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. This amendment does not meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866, as supplemented by Executive Order 13563.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13123, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
E. Signing Authority
This document is limited to technical corrections of CBP
regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b).
List of Subjects in 19 CFR Part 103
Administrative practice and procedure, Confidential business
information, Courts, Freedom of information, Law enforcement, Privacy,
Reporting and recordkeeping requirements.
Amendments to Regulations
For the reasons stated in the preamble, part 103 of title 19 of the
Code of Federal Regulations (19 CFR Part 103) is amended as set forth
below.
PART 103--GENERAL PROVISIONS
0
1. The general authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31
U.S.C. 9701.
* * * * *
Sec. 103.21 [Amended]
0
2. Amend Sec. 103.21 by:
0
a. Removing the words ``Customs'' and ``the Customs Service'' and
adding in their place ``CBP'';
0
b. Removing the words ``Department of the Treasury'' and adding in
their place ``Department of Homeland Security''; and
0
c. Removing the words ``the United States Customs Service'' and adding
in their place ``U.S. Customs and Border Protection''.
Sec. Sec. 103.22, 103.23, 103.24, 103.25, 103.27 [Amended]
0
3. Amend Sec. Sec. 103.22, 103.23, 103.24, 103.25, 103.27 by removing
the words ``Customs'' and ``the Customs Service'' and adding in their
place ``CBP''.
Sec. 103.26 [Amended]
0
4. Amend Sec. 103.26 by:
0
a. Removing the words ``Port directors, special agents in charge, and
chiefs of field laboratories'' and adding in their place ``Port
directors, special agents in charge within the Office of Internal
Affairs, chief patrol agents, directors within the Office of Air and
Marine, directors of field laboratories, or any supervisor of such
officials''.
0
b. Removing the word ``Customs'' and adding in its place ``CBP''.
Dated: November 18, 2013.
Thomas S. Winkowski,
Acting Commissioner.
[FR Doc. 2013-27967 Filed 11-26-13; 8:45 am]
BILLING CODE 9111-14-P