[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)] [Rules and Regulations] [Pages 24766-24767] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-11525] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 5 Delegations of Authority to the Commissioner of Food and Drugs AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is amending the regulations for delegations of authority [[Page 24767]] by adding a new authority delegation from the Assistant Secretary for Health to the Commissioner of Food and Drugs for certain authorities delegated to the Assistant Secretary for Health under the Controlled Substances Act (as amended). The delegation excludes the authority to submit reports to Congress. EFFECTIVE DATE: May 10, 1995. FOR FURTHER INFORMATION CONTACT: Ellen R. Rawlings, Division of Management Systems and Policy (HFA-340), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-443-4976. SUPPLEMENTARY INFORMATION: On June 22, 1993, the Secretary of Health and Human Services delegated to the Assistant Secretary for Health authorities vested in the Secretary under the Controlled Substances Act (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 811(h)(4)), as amended). On May 16, 1994, the Assistant Secretary for Health delegated to the Commissioner of Food and Drugs these same authorities. These authorities concern providing responses to the Drug Enforcement Administration's temporary scheduling notices made under the Controlled Substances Act, as amended. This delegation excludes the authority to submit reports to Congress. Further redelegation of the authority delegated may only be authorized with the Commissioner's approval. Authority delegated to a position by title may be exercised by a person officially designated to serve in such position in an acting capacity or on a temporary basis. List of Subjects in 21 CFR Part 5 Authority delegations (Government agencies), Imports, Organization and functions (Government agencies). Therefore, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 5 is amended as follows: PART 5--DELEGATIONS OF AUTHORITY AND ORGANIZATION 1. The authority citation for 21 CFR part 5 continues to read as follows: Authority: 5 U.S.C. 504, 552, App. 2; 7 U.S.C. 138a, 2271; 15 U.S.C. 638, 1261-1282, 3701-3711a; secs. 2-12 of the Fair Packaging and Labeling Act (15 U.S.C. 1451-1461); 21 U.S.C. 41-50, 61-63, 141- 149, 467f, 679(b), 801-886, 1031-1309; secs. 201-903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321-394); 35 U.S.C. 156; secs. 301, 302, 303, 307, 310, 311, 351, 352, 354, 361, 362, 1701- 1706, 2101, 2125, 2127, 2128 of the Public Health Service Act (42 U.S.C. 241, 242, 242a, 242l, 242n, 243, 262, 263, 263b, 264, 265, 300u-300u-5, 300aa-1, 300aa-25, 300aa-27, 300aa-28); 42 U.S.C. 1395y, 3246b, 4332, 4831(a), 10007-10008; E.O. 11490, 11921, and 12591; secs. 312, 313, 314 of the National Childhood Vaccine Injury Act of 1986, Pub. L. 99-660 (42 U.S.C. 300aa-1 note). 2. Section 5.10 is amended by adding new paragraph (a)(37) to read as follows: Sec. 5.10 Delegations from the Secretary, the Assistant Secretary for Health, and Public Health Service Officials. (a) * * * (37) Functions vested in the Secretary under section 811(h)(4) of the Controlled Substances Act (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended) to provide responses to the Drug Enforcement Administration's temporary scheduling notices. The delegation excludes the authority to submit reports to Congress. * * * * * Dated: May 2, 1995. William B. Schultz, Deputy Commissioner for Policy. [FR Doc. 95-11525 Filed 5-9-95; 8:45 am] BILLING CODE 4160-01-F