[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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