Technical Corrections Relating to the Procedures for the Production or Disclosure of Information in State or Local Criminal Proceedings, 70855-70856 [2013-27967]

Download as PDF Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations § 73.72 [Amended] I. Background R–7201 Farallon De Medinilla Island, Mariana Islands, GU [Amended] By removing the sentence under Boundaries and adding in their place: Boundaries. The area within a 3nautical mile radius of lat. 16°01′04″ N., long. 146°03′31″ E. Issued in Washington, DC, on November 19, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. [FR Doc. 2013–28481 Filed 11–26–13; 8:45 am] BILLING CODE 4910–13–P 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 U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury. ACTION: Final rule. AGENCY: 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, howard.charles@dhs.gov. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:16 Nov 26, 2013 U.S. Customs Service were reassigned to U.S. Immigration and Customs Enforcement (ICE).2 SUPPLEMENTARY INFORMATION: 2. Section 73.72 is amended as follows: * * * * * ■ Jkt 232001 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 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 70855 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 2 CBP subsequently established IA and special agents in charge within that office to investigate internal matters. E:\FR\FM\27NOR1.SGM 27NOR1 70856 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations 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. Code of Federal Regulations (19 CFR Part 103) is amended as set forth below. PART 103—GENERAL PROVISIONS 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. * * § 103.21 * * * [Amended] 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. 2. Amend § 103.21 by: a. Removing the words ‘‘Customs’’ and ‘‘the Customs Service’’ and adding in their place ‘‘CBP’’; ■ b. Removing the words ‘‘Department of the Treasury’’ and adding in their place ‘‘Department of Homeland Security’’; and ■ c. Removing the words ‘‘the United States Customs Service’’ and adding in their place ‘‘U.S. Customs and Border Protection’’. C. Unfunded Mandates Reform Act of 1995 §§ 103.22, 103.23, 103.24, 103.25, 103.27 [Amended] 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. ■ ■ ■ B. The Regulatory Flexibility Act and Executive Order 12866 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. 3. Amend §§ 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’’. § 103.26 [Amended] 4. Amend § 103.26 by: 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’’. ■ 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 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). emcdonald on DSK67QTVN1PROD with RULES 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 VerDate Mar<15>2010 16:16 Nov 26, 2013 Jkt 232001 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9642] RIN 1545–BL48 Information Reporting of Mortgage Insurance Premiums Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. AGENCY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 This document contains final regulations that require information reporting by persons who receive mortgage insurance premiums, including prepaid premiums, aggregating $600 or more during any calendar year. The final regulations implement reporting requirements that result from the extension of the treatment of mortgage insurance premiums made by the American Taxpayer Relief Act of 2012. These regulations will affect any person who, in the course of a trade or business, receives from an individual mortgage insurance premiums that in the aggregate total $600 or more during a calendar year. DATES: Effective Date: These regulations are effective on November 27, 2013. Applicability Date: For dates of applicability, see § 1.6050H–3(g). FOR FURTHER INFORMATION CONTACT: Janet Engel Kidd at (202) 317–6844 (not a toll-free number). SUPPLEMENTARY INFORMATION: SUMMARY: Background This document contains amendments to the Income Tax Regulations (26 CFR part 1) under section 6050H(h) of the Internal Revenue Code (Code) relating to reporting requirements for mortgage insurance premiums. Section 6050H(h)(1), enacted on December 20, 2006, by section 419(c) of the Tax Relief and Health Care Act of 2006, Public Law 109–432 (120 Stat. 2967), provides that the Secretary may, by regulations, require any person who, in the course of a trade or business, receives payments of mortgage insurance premiums from an individual aggregating $600 or more during any calendar year to file a return regarding those payments in the form, at the time, and containing the information prescribed by the Secretary. Under section 6050H(h)(2), on or before January 31 of the year following the year in which the premium is received, a person required to file an information return under section 6050H(h)(1) must send a written statement to the individual to whom the information return relates showing the information prescribed by the Secretary. Section 6050H(h)(3)(A) provides that rules similar to the rules in section 6050H(c), relating to the applicability of the section 6050H reporting requirements to governmental units, will apply with respect to mortgage insurance premiums. Section 6050H(h)(3)(B) defines the term ‘‘mortgage insurance’’ to mean mortgage insurance provided by the Veterans Administration (the predecessor to the Department of E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70855-70856]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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, howard.charles@dhs.gov.

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