[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]
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