[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]


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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.

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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\
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    \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.
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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]
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