Federal
Register Notices > Rules - 200 8
-
Redelegation of Functions
8
FR Doc E8-16012[Federal Register: July 15, 2008 (Volume 73,
Number 136)] [Rules and Regulations] [Page 40463-40464] From the
Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy08-2]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
28 CFR Part 0
[Docket No. DEA-310F]
Redelegation of Functions
AGENCY: Drug Enforcement Administration, Department of
Justice.
ACTION: Final rule.
SUMMARY: This rule makes one revision to the Drug
Enforcement Administration's (DEA) regulations concerning agency
management. Additional personnel are authorized to sign and
issue administrative subpoenas.
DATES: Effective Date: July 15, 2008.
FOR FURTHER INFORMATION CONTACT: Wendy H. Goggin,
Chief Counsel, Drug Enforcement Administration, 8701 Morrissette
Drive, Springfield, VA 22152, Telephone (202) 307-1000.
SUPPLEMENTARY INFORMATION: This Final Rule implements
one change to Title 28, Code of Federal Regulations (CFR), Part
0 by adding three officials to the list of officials who may
sign and issue administrative subpoenas pursuant to the
Comprehensive Drug Abuse Prevention and Control Act of 1970,
Public Law No. 91-513, 84 Stat. 1236 (1970), as amended (the
Act), codified at 21
U.S.C. 801-971. In addition to the Attorney General and the
DEA Administrator, the current list of such officials is set
forth at 28 CFR, Chapter I, part 0, Appendix to Subpart R,
Section 4. Title 21, U.S.C. 875 and 876, provide the authority
to issue such subpoenas. By 28 CFR 0.100, the Attorney General
has delegated this authority to issue administrative subpoenas
in support of his functions and duties under the Act to the DEA
Administrator. The DEA Administrator is permitted by 28 CFR
0.104 to redelegate this authority "to any of [her]
subordinates[.]''
By this Final Rule, DEA now extends this administrative
subpoena authority to its senior officials overseas who often
supervise investigations with leads back in the United States,
i.e., DEA's Regional Directors, Assistant Regional Directors,
and Country Attach[eacute]s. As Title 28 CFR, Chapter I, Part 0,
Appendix to Subpart R, Section 4 is presently written, DEA
Resident Agents in Charge and Special Agent Group Supervisors
posted outside the United States have such authority while their
superiors, i.e., Regional Directors, Assistant Regional
Directors, and Country Attach[eacute]s, do not. The amendment to
section 4 is designed, in part, to rectify this anomaly.
Title 28 CFR, Chapter I, Part 0, Appendix to Subpart R,
Section 4 currently lists twelve categories of DEA and FBI
officials who are empowered to sign and issue administrative
subpoenas under 21 U.S.C. 875 and 876. To this list of senior
officials DEA now adds its Regional Directors, Assistant
Regional Directors, and Country Attach[eacute]s. This is being
done to rectify an oversight. While both DEA Resident Agents in
Charge and Special Agent Group Supervisors posted outside the
U.S. have authority to sign and issue such administrative
subpoenas, unlike the case of Resident Agents in Charge and
Special Agent Group Supervisors within the U.S., the superior
officials (Regional Directors, Assistant Regional Directors, and
Country Attach[eacute]s) of such Resident Agents in Charge and
Group Supervisors serving overseas have not heretofore been
listed at Title 28 CFR, Chapter I, Part 0, Appendix to Subpart
R, Section 4, as officials to whom the Administrator has
redelegated her authority to sign and issue administrative
subpoenas.
Regulatory Certifications
Administrative Procedure Act
This rule relates to a matter of agency management or
personnel and is a rule of agency organization, procedure, and
practice. As such, this rule is exempt from the usual
requirements of prior notice and comment and a 30-day delay in
effective date. See 5 U.S.C. 553(a)(2), (b)(3)(A), (d)(3).
Regulatory Flexibility Act
The Acting Administrator, in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601-612, has reviewed this rule, and
by approving it, certifies that it will not have a significant
economic impact on a substantial number of small entities
because it pertains to personnel and administrative matters
affecting the Drug Enforcement Administration. Further, a
Regulatory Flexibility Analysis was not required to be prepared
for this final rule because the Drug Enforcement Administration
was not required to publish a general notice of proposed
rulemaking for this matter.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section
1(b), Principles of Regulation. This rule is limited to agency
organization, management and personnel as described by Executive
Order 12866 section (3)(d)(3) and, therefore, is not a
"regulation'' or "rule'' as defined by that Executive
Order. Accordingly, this rule has not been reviewed by the
Office of Management and Budget.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Executive Order 13132
This 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 Executive Order 13132, Federalism, the Drug Enforcement
Administration has determined that this rule does not have
sufficient federalism implications to warrant the preparation of
a federalism summary impact statement.
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 $120 million or more (adjusted for inflation) 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
[[Page 40464]]
Reform Act of 1995, 2 U.S.C. 1501 et seq.
Congressional Review Act
This rule is not a major rule as defined by section 251 of
the Small Business Regulatory Enforcement Fairness Act of 1996,
5 U.S.C. 804 (Congressional Review Act). This rule will not
result in an annual effect on the economy of $100 million or
more; a major increase in costs or prices; or significant
adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic
and export markets.
The Drug Enforcement Administration has determined that this
action is a rule relating to agency organization, procedure or
practice that does not substantially affect the rights or
obligation of non-agency parties and, accordingly, is not a
"rule'' as that term is used by the Congressional Review
Act (Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1966). Therefore, the reporting requirement of 5
U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government
employees, Organization and functions (Government agencies),
Privacy, Reporting and recordkeeping requirements,
Whistleblowing.
0 Accordingly, and for the reasons set forth above, 28 CFR
Part 0 is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
[AMENDED]
- 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. In section 4 of the Appendix to Subpart R, paragraph
(a) is revised to read as follows:
Appendix to Subpart R of Part 0--Redelegation of Functions
Sec. 4. Issuance of subpoenas. (a) The Chief Inspector
of the DEA; the Deputy Chief Inspectors and Associate Deputy
Chief Inspectors of the Office of Inspections and 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; FBI Supervisory Senior Resident Agents; DEA
Special Agent Group Supervisors; those FBI Special Agent Squad
Supervisors who have management responsibility over Organized
Crime/Drug Program Investigations; and DEA Regional Directors,
Assistant Regional Directors, and Country Attach[eacute]s, are
authorized to sign and issue subpoenas with respect to
controlled substances, listed chemicals, tableting machines or
encapsulating machines under 21
U.S.C. 875 and 876
in regard to matters within their respective jurisdictions.
* * * * *
Dated: July 1, 2008.
Michele M. Leonhart,
Acting Administrator.
[FR Doc. E8-16012 Filed 7-14-08; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
|