[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10743]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
Redelegation of Functions; Delegation of Authority to Drug
Enforcement Administration Official
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: Under delegated authority, the Administrator of the Drug
Enforcement Administration (DEA), Department of Justice, is amending
the appendix to the Justice Department regulations to redelegate
certain functions and authority which were vested in the Attorney
General by the Controlled Substances Act and subsequently delegated to
the Administrator.
EFFECTIVE DATE: May 6, 1994.
FOR FURTHER INFORMATION CONTACT:
Julie C. Gallagher, Associate Chief Counsel, Office of Chief Counsel,
Drug Enforcement Administration, Washington, DC 20537. Telephone
number: (202) 307-8010.
SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA) (21
U.S.C. 801 set seq.) establishes a detailed regulatory scheme governing
the manufacture and distribution of controlled substances and listed
chemicals. The CSA requires that every person who manufactures,
distributes, or dispenses a controlled substance or who manufactures,
distributes, exports or imports certain listed chemicals must obtain a
registration from DEA. An application for such registration may be
denied or a registration revoked pursuant to specific provisions of the
CSA.
The Attorney General has delegated her functions under the CSA to
the Administrator of the Drug Enforcement Administration. See 21 U.S.C.
871(a) and 28 CFR 0.100(b). Regulations implementing the CSA empower
the Administrator, for example, to issue final orders to deny
applications for registration or revoke registrations, to schedule
controlled substances, to designate chemicals as listed chemicals and
to establish quotas.
The Attorney General has also authorized the Administrator to
redelegate any of his functions under the CSA to any of his
subordinates. See 28 CFR 0.104. To further enhance the administration
of the CSA and its attendant regulations, the Administrator is
redelegating to the Deputy Administrator the authority to exercise all
necessary functions under 21 CFR part 1300 which have not already been
redelegated in subpart R of 28 CFR 0.104. This redelegation will
empower the Deputy Administrator, among other things, to issue final
orders relating to the suspension, denial or revocation of
registration, scheduling actions, designation of chemicals as listed
chemicals, establishment of production quotas for certain controlled
substances, and to grant or deny waivers of CSA regulations relating to
registrants. This redelegation will include the authority to exercise
all regulatory functions which may be delegated to the Administrator in
the future pursuant to subsequent amendments to 21 CFR part 1300 and
not otherwise specifically assigned or reserved by the Administrator.
The Administrator certifies that this action will have no impact
upon entities whose interests must be considered under the Regulatory
Flexibility Act (5 U.S.C. 601). Pursuant to Executive Order 12866, this
is not a significant regulatory action since it relates only to the
organization of functions within DEA. Accordingly, it has not been
reviewed by the Office of Management and Budget and does not require
certification under Executive Order 12778. This action has been
analyzed in accordance with Executive Order 12616. It has been
determined that this matter has no federalism implications which would
warrant the preparation of a federalism assessment.
List of Sections in 28 CFR Part 0
Authority delegations (Government Agencies), Organization and
functions (Government Agencies).
For the reasons set forth above, and pursuant to the authority
vested in the Administrator of the Drug Enforcement Administration by
28 CFR 0.100 and 0.104, and 21 U.S.C. 871, title 28, of the Code of
Federal Regulations, part 0, appendix to subpart R, Redelegation of
Functions, is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
2. The Appendix to subpart R is amended as follows:
a. Sec. 12 is added to read as follows:
Appendix to Subpart R--Redelegation of Functions
* * * * *
Sec. 12. All other functions. The Deputy Adminstrator is
authorized to exercise all necessary functions under 21 CFR Part
1300, except those functions otherwise delegated within this
subpart. This will include functions which may be vested in the
Administrator in subsequent amendments to 21 CFR Part 1300 and not
otherwise specifically assigned or reserved by him.
Appendix to Subpart R--[Amended]
b. Sec. 7. (a), (g), (i), and (j) shall be amended by inserting
the word ``Deputy'' before the word ``Administrator'' each place it
appears.
Dated: April 29, 1994.
Thomas A. Constantine,
Administrator.
[FR Doc. 94-10743 Filed 5-5-94; 8:45 am]
BILLING CODE 4410-09-M
