[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Rules and Regulations]
[Pages 32031-32032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15316]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[DEA-157F]
Redelegation of Functions; Delegation of Authority to Drug
Enforcement Administration Official
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Drug Enforcement Administration (DEA), Department of
Justice, is amending the appendix to the Justice Department regulations
which redelegate certain functions and authorities vested in the
Attorney General by the Controlled Substances Act and the Chemical
Diversion and Trafficking Act of 1988 and are redelegated to the
Administrator of the Drug Enforcement Administration to make technical
corrections to reflect changes in position titles and to add listed
chemicals, tableting machines and encapsulating machines to the things
which a subpoena may regard.
EFFECTIVE DATE: June 12, 1997.
FOR FURTHER INFORMATION CONTACT:
G. Thomas Gitchel, Chief, Liaison and Policy Section, Office of
Diversion Control, Drug Enforcement Administration, Washington, DC,
Telephone (202) 307-7297.
SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA) (21
U.S.C. 801 et seq.) and subsequent
[[Page 32032]]
amendments establishes a comprehensive system of controls over the
manufacture, distribution, dispensing, importation and exportation of
controlled substances, listed chemicals, tableting machines and
encapsulating machines. The CSA and subsequent amendments allow the
Attorney General to subpoena witnesses, compel the attendance and
testimony of witnesses, and the production of records which the
Attorney General finds relevant or material in any investigation
relating to the Attorney General's functions under the CSA (21 U.S.C.
875 and 876).
The Attorney General has delegated her functions under the CSA to
the Administrator of the Drug Enforcement Administration and authorized
the Administrator to redelegate any of his functions to any of his
subordinates. See 21 U.S.C. 871(a), 28 CFR 0.100(b) and 28 CFR 0.104.
To further enhance the administration of the CSA and its attendant
regulations the Administrator has further redelegated to the Deputy
Administrator the authority to carry out or to redelegate any of the
functions which may be vested in the Administrator which are not
specifically assigned or reserved by him. The Acting Deputy
Administrator is amending the Appendix to Subpart R Section 4(a) of 28
CFR 0.104 to properly identify previously designated officials who have
been assigned new job titles, and is adding individuals with newly
titled positions with the delegated authority to sign and issue
subpoenas under 21 U.S.C. 875 and 876. The Acting Deputy Administrator
is also amending the Appendix to Subpart R Section 4(a) to add listed
chemicals, tableting machines and encapsulating machines to the list of
materials to which a subpoena may refer, thereby incorporating the
additions made by the Chemical Diversion and Trafficking Act of 1988.
The Acting Deputy Administrator certifies that this action will
have no impact on entities whose interests must be considered under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This action relates only to the organization of functions within
DEA. As such, it is not a significant regulatory action under Executive
Order 12866. 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 require preparation of a federalism
assessment.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Organizations and
functions (Government agencies).
For the reasons set forth above, and pursuant to the authority
vested in the Deputy 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, 3151; 28 U.S.C. 509, 510, 515-519.
2. The Appendix to Subpart R is amended by revising Section 4(a) to
read as follows:
Appendix to Subpart R--Redelegation of Functions
* * * * *
Sec. 4. Issuance of subpoenas. (a) The Chief Inspector of the
DEA; the Deputy Chief Inspector and Associate Deputy Chief Inspector
of the Office of Professional Responsibility of the DEA; all Special
Agents-in-Charge of the DEA and the FBI; DEA Inspectors assigned to
the Inspection Division; DEA Associate Special Agents-in-Charge; DEA
and FBI Assistant Special Agents-in-Charge; DEA Resident Agents-in-
Charge; DEA Diversion Program Managers; and FBI Supervisory Senior
Resident Agents are authorized to sign and issue subpoenas with
respect to controlled substances, listed chemicals, tableting
machines and/or encapsulating machines under 21 U.S.C. 875 and 876
in regard to matters within their respective jurisdictions.
* * * * *
Dated: June 4, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-15316 Filed 6-11-97; 8:45 am]
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