[Federal Register: March 27, 2003 (Volume 68, Number 59)]
[Rules and Regulations]
[Page 14899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr03-5]
[[Page 14899]]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[A.G. Order No. 2666-2003]
Organization; Drug Enforcement Administration
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule amends the delegation to the Drug Enforcement
Administration (DEA) of the Attorney General's authority under the
Comprehensive Drug Abuse and Prevention Act of 1970, as amended. The
amendment would make clear that the delegation of the Attorney
General's authority to the DEA to assign law enforcement duties to
itself and to state and local law enforcement officers extends only to
matters relating to, arising from, or supplementing investigations of
matters concerning drugs.
EFFECTIVE DATE: March 27, 2003.
FOR FURTHER INFORMATION CONTACT: Robert T. Richardson, Deputy Chief
Counsel, Drug Enforcement Administration, U.S. Department of Justice,
Washington, DC 20530, (202) 307-7322.
SUPPLEMENTARY INFORMATION: Under 21 U.S.C. 878(a)(5), the Attorney
General may designate any officer or employee of DEA or any state or
local law enforcement officer to ``perform such other law enforcement
duties as the Attorney General may designate.'' The Attorney General
has delegated this authority to DEA. The amendment would make clear
that this delegation of authority extends only to matters relating to
drug investigations.
Administrative Procedure Act
This rule relates to a matter of agency management or personnel,
and is therefore 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).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), 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 Department.
Executive Order 12866
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 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, it is 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 $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
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. Moreover, this action pertains to agency management, personnel,
and organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a ``rule''
for purposes of the reporting requirement of 5 U.S.C. 801.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (government agencies), Whistleblowing.
Accordingly, by virtue of the authority vested in me as Attorney
General, including 21 U.S.C. 878, 5 U.S.C. 301, and 28 U.S.C. 509 and
510, Part 0 of title 28 of the Code of Federal Regulations 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. In Sec. 0.100 revise the first sentence of paragraph (b) to
read as follows:
Sec. 0.100 General functions.
* * * * *
(b) Except where the Attorney General has delegated authority to
another Department of Justice official to exercise such functions, and
except where functions under 21 U.S.C. 878(a)(5) do not relate to,
arise from, or supplement investigations of matters concerning drugs,
functions vested in the Attorney General by the Comprehensive Drug
Abuse Prevention and Control Act of 1970, as amended. * * *
* * * * *
Dated: March 20, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-7355 Filed 3-26-03; 8:45 am]
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