[Federal Register: August 28, 2003 (Volume 68, Number 167)]
[Rules and Regulations]
[Page 51867-51870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au03-18]
[[Page 51867]]
-----------------------------------------------------------------------
Part III
Department of Homeland Security
-----------------------------------------------------------------------
Bureau of Customs and Border Protection
-----------------------------------------------------------------------
Department of the Treasury
-----------------------------------------------------------------------
19 CFR Chapters I and IV
Delegations of Authority: Signature of Customs and Border Protection
Regulations Published in the Federal Register; Final Rule
[[Page 51868]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Chapters I and IV
[CBP Dec. 03-24]
RIN 1515 AD 39
Delegations of Authority: Signature of Customs and Border
Protection Regulations Published in the Federal Register
AGENCY: Bureau of Customs and Border Protection; Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the title and structure of title 19 of
the Code of Federal Regulations (CFR) to reflect changes caused by the
creation of the Department of Homeland Security and the consequent
governmental reorganization. The document also specifies the signatures
that indicate the exercise of authority for documents that appear in 19
CFR chapter I. In addition, this document adds and reserves for future
use a chapter under which the bureau of Immigration and Customs
Enforcement (ICE) may issue regulations.
EFFECTIVE DATE: August 28, 2003.
FOR FURTHER INFORMATION CONTACT: Harold Singer, Chief, Regulations
Branch, Customs and Border Protection (202) 572-8767.
SUPPLEMENTARY INFORMATION:
Background
Prior to March 1, 2003, the United States Customs Service was a
component of the Department of the Treasury (Treasury). In accordance
with Treasury Department Order No. 165, Revised (Treasury Decision
53654), issued on November 2, 1954, the Commissioner of Customs
prescribed the regulations contained in Title 19 of the Code of Federal
Regulations, Chapter I (19 CFR Chapter I) (the Customs Regulations),
and with certain limited exceptions, the Customs Regulations required
the approval of the Secretary of the Treasury (or his or her delegate).
On November 25, 2002, the President signed the Homeland Security Act of
2002, 6 U.S.C. 101 et seq., Pub. L. 107-296, (the Act), establishing
the Department of Homeland Security (DHS). Under section 403(1) of the
Act (6 U.S.C. 203(1)), the United States Customs Service, including
functions of the Secretary of the Treasury relating thereto,
transferred to the Secretary of Homeland Security.
Notwithstanding the transfer of the Customs Service to DHS, section
412 of the Act (6 U.S.C. 212) provides that the legal authority vested
in the Secretary of the Treasury over customs revenue functions is to
be retained by the Secretary of the Treasury. Section 412 of the Act
also authorizes the Secretary of the Treasury to delegate any of the
retained legal authority over the customs revenue functions to the
Secretary of Homeland Security.
By Treasury Department Order No. 100-16, dated May 15, 2003 and
published in the Federal Register on May 23, 2003 (68 FR 28322), the
Secretary of the Treasury delegated to the Secretary of Homeland
Security authority to prescribe regulations pertaining to the customs
revenue functions. This Order further provided that the Secretary of
the Treasury retained the sole authority to approve any Customs
Regulations concerning import quotas or trade bans, user fees, marking,
labeling, copyright and trademark enforcement, and the completion of
entry or substance of entry summary including duty assessment and
collection, classification, valuation, application of the U.S.
Harmonized Schedules, eligibility or requirements for preferential
trade programs, and the establishment of recordkeeping requirements
relating thereto.
The Code of Federal Regulations (CFR) is divided into 50 titles
based on subject matter. Within each CFR title, departments and
agencies are assigned individual chapters.
Because title 19 chapter I of the Code of Federal Regulations is
currently named for the ``United States Customs Service, Department of
the Treasury,'' and that agency is now known as the bureau of ``Customs
and Border Protection'' (CBP) and is a component of DHS, the title of
19 CFR chapter I is revised in this document to reflect the new name of
the agency and to add DHS. The Department of the Treasury remains in
the title of chapter I because of the retained authority of the
Secretary of the Treasury with respect to regulations concerning the
customs revenue functions.
This document also amends the Customs Regulations by adding a new
part 0 that prescribes the signatures that indicate the exercise of
authority to amend, revise, or revoke regulations in 19 CFR chapter 1.
The document specifies that signatures of the Secretary of the Treasury
and of the Secretary of Homeland Security include the signatures of his
or her Treasury or DHS delegate (respectively). Thus, the signature of
the Commissioner of Customs and Border Protection indicates exercise of
the Secretary of Homeland Security's authority as his or her DHS
delegate.
Lastly, section 442 of the Homeland Security Act of 2002 (6 U.S.C.
252) established the Bureau of Border Security. Pursuant to section
1502 of the Act, the President transmitted to the House of
Representatives the ``Reorganization Plan Modification for the
Department of Homeland Security'' which, effective March 1, 2003,
renamed the Bureau of Border Security as the bureau of ``Immigration
and Customs Enforcement'' (ICE). ICE brings together the investigation
arms of the former Customs Service, the investigative functions of the
former Immigration and Naturalization Service, and the former Federal
Protective Service. Under the savings provisions of the Homeland
Security Act and general principles of federal law, the ``Customs
Regulations'' in Title 19 CFR chapter I apply as relevant to both
components of the legacy ``United States Customs Service''--i.e. to ICE
and CBP. Nonetheless, in the future it is anticipated that ICE may
issue regulations unique to ICE. Thus, this document creates a new
chapter IV in 19 CFR for any regulations that ICE may promulgate in the
future. However, absent such express regulatory action, the creation of
this new chapter does not in itself supersede any Customs Regulations
that currently apply for ICE in Chapter I.
Inapplicability of Prior Public Notice and Delayed Effective Date
Requirements
This regulation involves matters relating to agency management. It
involves the relationship between cabinet Departments on issues of
authority over Customs Regulations. For this reason, pursuant to 5
U.S.C. 553 (a)(2), prior notice and public procedure and a delayed
effective date are not required.
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. Further, this amendment does not meet the criteria for a
``significant regulatory action'' for purposes of Executive Order
12866.
[[Page 51869]]
List of Subjects in 19 CFR Part 0
Customs duties and inspection, Delegations of authority.
Amendments to the Regulations
0
For the reasons set forth in the preamble and under the Homeland
Security Act of 2002, Pub. L. 107-296, Title 19 chapter I is amended
and chapter IV is added as set forth below:
CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY
0
1. Revise the chapter I heading to read as set forth above.
0
2. Add part 0 to chapter I to read as follows:
PART 0--TRANSFERRED OR DELEGATED AUTHORITY
Sec.
0.1 Customs revenue function regulations issued under the authority
of the Departments of the Treasury and Homeland Security.
0.2 All other Customs Regulations issued under the authority of the
Department of Homeland Security.
Appendix to 19 CFR Part 0--Treasury Department Order No. 100-16
Authority: 5 U.S.C. 301, 6 U.S.C. 101 et seq., 19 U.S.C. 66, 19
U.S.C. 1624, 31 U.S.C. 321.
Sec. 0.1 Customs revenue function regulations issued under the
authority of the Departments of the Treasury and Homeland Security.
(a) Regulations requiring signatures of Treasury and Homeland
Security. (1) By Treasury Department Order No. 100-16, set forth in the
appendix to this part, the Secretary of the Treasury has delegated to
the Secretary of Homeland Security the authority to prescribe all
Customs regulations relating to customs revenue functions, except that
the Secretary of the Treasury retains the sole authority to approve
such Customs regulations concerning subject matters listed in paragraph
1(a)(i) of the order. Regulations for which the Secretary of the
Treasury retains the sole authority to approve will be signed by the
Secretary of Homeland Security (or his or her DHS delegate), and by the
Secretary of the Treasury (or his or her Treasury delegate) to indicate
approval.
(2) When a regulation described in paragraph (a)(1) of this section
is published in the Federal Register, the preamble of the document
accompanying the regulation will clearly indicate that it is being
issued in accordance with paragraph (a)(1) of this section.
(b) Regulations with respect to which the Department of Homeland
Security is authorized to sign for the Department of the Treasury. (1)
By Treasury Department Order No. 100-16, set forth in the appendix to
this part, the Secretary of the Treasury delegated to the Secretary of
Homeland Security the authority to prescribe and approve regulations
relating to customs revenue functions on behalf of the Secretary of the
Treasury when the subject matter of the regulations is not listed in
paragraph 1(a)(i) of the order. Such regulations are the official
regulations of both Departments notwithstanding that they are not
signed by an official of the Department of the Treasury. These
regulations will be signed by the Secretary of Homeland Security (or
his or her DHS delegate).
(2) When a regulation described in paragraph (b)(1) of this section
is published in the Federal Register, the preamble of the document
accompanying the regulation will clearly indicate that it is being
issued in accordance with paragraph (b)(1) of this section.
(c) Sole signature by Secretary of the Treasury. (1) Pursuant to
Treasury Department Order No. 100-16, set forth in the appendix to this
part, the Secretary of the Treasury reserves the right to promulgate
regulations related to the customs revenue functions. Such regulations
are signed by the Secretary of the Treasury (or his or her delegate)
after consultation with the Secretary of Homeland Security (or his or
her delegate), and are the official regulations of both Departments.
(2) When a regulation described in paragraph (c)(1) of this section
is published in the Federal Register, the preamble of the document
accompanying the regulation will clearly indicate that the regulation
is being issued in accordance with paragraph (c)(1) of this section.
Sec. 0.2 All other Customs regulations issued under the authority of
the Department of Homeland Security.
(a) The authority of the Secretary of the Treasury with respect to
Customs regulations that are not related to customs revenue functions
was transferred to the Secretary of Homeland Security pursuant to
section 403(1) of the Homeland Security Act of 2002. Such regulations
are signed by the Secretary of Homeland Security (or his or her
delegate) and are the official regulations of the Department of
Homeland Security.
(b) When a regulation described in paragraph (a) of this section is
published in the Federal Register, the preamble accompanying the
regulation shall clearly indicate that it is being issued in accordance
with paragraph (a) of this section.
Appendix to 19 CFR Part 0--Treasury Department Order No. 100-16
Delegation from the Secretary of the Treasury to the Secretary
of Homeland Security of general authority over Customs revenue
functions vested in the Secretary of the Treasury as set forth in
the Homeland Security Act of 2002.
Treasury Department, Washington, DC,
May 15, 2003.
By virtue of the authority vested in me as the Secretary of the
Treasury, including the authority vested by 31 U.S.C. 321(b) and
section 412 of the Homeland Security Act of 2002 (Pub. L. 107-296)
(Act), it is hereby ordered:
1. Consistent with the transfer of the functions, personnel,
assets, and liabilities of the United States Customs Service to the
Department of Homeland Security as set forth in section 403(1) of
the Act, there is hereby delegated to the Secretary of Homeland
Security the authority related to the Customs revenue functions
vested in the Secretary of the Treasury as set forth in sections 412
and 415 of the Act, subject to the following exceptions and to
paragraph 6 of this Delegation of Authority:
(a)(i) The Secretary of the Treasury retains the sole authority
to approve any regulations concerning import quotas or trade bans,
user fees, marking, labeling, copyright and trademark enforcement,
and the completion of entry or substance of entry summary including
duty assessment and collection, classification, valuation,
application of the U.S. Harmonized Tariff Schedules, eligibility or
requirements for preferential trade programs, and the establishment
of recordkeeping requirements relating thereto. The Secretary of
Homeland Security shall provide a copy of all regulations so
approved to the Chairman and Ranking Member of the Committee on Ways
and Means and the Chairman and Ranking Member of the Committee on
Finance every six months.
(ii) The Secretary of the Treasury shall retain the authority to
review, modify, or revoke any determination or ruling that falls
within the criteria set forth in paragraph 1(a)(i), and that is
under consideration pursuant to the procedures set forth in sections
516 and 625(c) of the Tariff Act of 1930, as amended (19 U.S.C. 1516
and 1625(c)). The Secretary of Homeland Security periodically shall
identify and describe for the Secretary of the Treasury such
determinations and rulings that are under consideration under
sections 516 and 625(c) of the Tariff Act of 1930, as amended, in an
appropriate and timely manner, with consultation as necessary, prior
to the Secretary of Homeland Security's exercise of such authority.
The Secretary of Homeland Security shall provide a copy of these
identifications and descriptions so made to the Chairman and Ranking
Member of the Committee on Ways and Means and the Chairman and
Ranking Member of the Committee on Finance every six months. The
Secretary of the Treasury shall list any case where Treasury
modified or revoked such a determination or ruling.
[[Page 51870]]
(b) Paragraph 1(a) notwithstanding, if the Secretary of Homeland
Security finds an overriding, immediate, and extraordinary security
threat to public health and safety, the Secretary of Homeland
Security may take action described in paragraph 1(a) without the
prior approval of the Secretary of the Treasury. However,
immediately after taking any such action, the Secretary of Homeland
Security shall certify in writing to the Secretary of the Treasury
and to the Chairman and Ranking Member of the Committee on Ways and
Means and the Chairman and Ranking Member of the Committee on
Finance the specific reasons therefor. The action shall terminate
within 14 days or as long as the overriding, immediate, and
extraordinary security threat exists, whichever is shorter, unless
the Secretary of the Treasury approves the continued action and
provides notice of such approval to the Secretary of Homeland
Security.
(c) The Advisory Committee on Commercial Operations of the
Customs Service (COAC) shall be jointly appointed by the Secretary
of the Treasury and the Secretary of Homeland Security. Meetings of
COAC shall be presided over jointly by the Secretary of the Treasury
and the Secretary of Homeland Security. The COAC shall advise the
Secretary of the Treasury and the Secretary of Homeland Security
jointly.
2. Any references in this Delegation of Authority to the
Secretary of the Treasury or the Secretary of Homeland Security are
deemed to include their respective delegees, if any.
3. This Delegation of Authority is not intended to create or
confer any right, privilege, or benefit on any private person,
including any person in litigation with the United States.
4. Treasury Order No. 165-09, ``Maintenance of delegation in
respect to general authority over Customs Revenue functions vested
in the Secretary of the Treasury, as set forth and defined in the
Homeland Security Act of 2002,'' dated February 28, 2003, is
rescinded. To the extent this Delegation of Authority requires any
revocation of any other prior Order or Directive of the Secretary of
the Treasury, such prior Order or Directive is hereby revoked.
5. This Delegation of Authority is effective May 15, 2003. This
Delegation is subject to review on May 14, 2004. By March 15, 2004,
the Secretary of the Treasury and the Secretary of Homeland Security
shall consult with the Chairman and Ranking Member of the Committee
on Ways and Means and the Chairman and Ranking Member of the
Committee on Finance to discuss the upcoming review of this
Delegation.
6. The Secretary of the Treasury reserves the right to rescind
or modify this Delegation of Authority, promulgate regulations, or
exercise authority at any time based upon the statutory authority
reserved to the Secretary by the Act.
John W. Snow, Secretary of the Treasury.
* * * * *
0
3. Add Chapter IV to Title 19 to read as follows:
CHAPTER IV--BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT;
DEPARTMENT OF HOMELAND SECURITY
PARTS 400 to 599--[RESERVED]
Dated: August 5, 2003.
Asa Hutchinson,
Under Secretary for Border and Transportation Security, Department of
Homeland Security.
Dated: August 6, 2003.
Timothy E. Skud,
Deputy Assistant Secretary, Department of the Treasury.
[FR Doc. 03-21995 Filed 8-27-03; 8:45 am]
BILLING CODE 4410-10-P