[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46018-46019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21932]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[DEA-136F]
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 redelegated
to the
[[Page 46019]]
Administrator and to make a technical correction to reflect a change in
position title.
EFFECTIVE DATE: August 21, 1995.
FOR FURTHER INFORMATION CONTACT:
G. Thomas Gitchel, Chief, Liaison and Policy Section, Office of
Diversion Control, Drug Enforcement Administration, Washington, D.C.
20537, Telephone (202) 307-7297.
SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA) (21
U.S.C. 801 et seq.) establishes a comprehensive system of controls over
the manufacture, distribution, dispensing, importation and exportation
of controlled substances and listed chemicals. The CSA requires that
persons who manufacture, distribute, dispense, import or export
controlled substances or certain listed chemicals obtain a registration
from DEA and make certain records and reports concerning their
activities with controlled substances and listed chemicals. On June 22,
1995, DEA published a Final Rule to implement the Domestic Chemical
Diversion Control Act of 1993 in the Federal Register. In part, the
final rule amended Chapter II of Title 21, Code of Federal Regulations,
to add a new Part 1309, relating to the registration of manufacturers,
distributors, importers and exporters of List I chemicals. The
amendment becomes effective on August 21, 1995.
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 is redelegating to the Deputy Assistant
Administrator of the DEA Office of Diversion Control the authority to
exercise all necessary functions with respect to the promulgation and
implementation of the regulations in Part 1309 of Chapter II, title 21,
Code of Federal Regulations incident to the registration of
manufacturers, distributors, importers and exporters of List I
chemicals, except that final orders in connection with suspension,
denial or revocation of registration shall be made by the Deputy
Administrator of DEA.
In a separate matter, Section 9 of the Appendix to Subpart R is
being amended to redelegate the authority to furnish, or cause to be
furnished, descriptions of persons with whom regulated transactions may
not be completed without prior approval of the DEA; to approve such
transactions pursuant to 21 U.S.C. 830(b) and 21 CFR 1310.05(b); and to
approve or disapprove regular customer or regular importer status under
21 U.S.C. 971 and 21 CFR 1313.15 and 1313.24 to the Chief of Operations
of the DEA, Operations Division. This redelegation reflects a recent
organizational change within DEA. Prior to the reorganization, the
Deputy Assistant Administrator, Office of Diversion Control reported to
the Deputy Assistant Administrator of Operations, Operations Division;
the Deputy Assistant Administrator, Office of Diversion now reports to
the Chief of Operations of the DEA, Operations Division. The
redelegation also reflects the removal of regular supplier status and
addition of regular importer status to the regulations by the Domestic
Chemical Diversion Control Act of 1993.
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
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 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 by redesignating paragraphs
7(h) through 7(k) as 7(i) through 7(l), inserting a new paragraph 7(h),
and revising Section 9 to read as follows:
Appendix to Subpart R--Redelegation of Functions
* * * * *
Sec. 7. * * *
(h) Part 1309, incident to the registration of manufacturers,
distributors, importers and exporters of List I chemicals, except that
final orders in connection with suspension, denial or revocation of
registration shall be made by the Deputy Administrator of DEA.
* * * * *
Sec. 9. Chemical Diversion Act Functions. The Chief of Operations
of the DEA, Operations Division, is authorized to furnish, or cause to
be furnished, descriptions of persons with whom regulated transactions
may not be completed without prior approval of the DEA; to approve such
transactions pursuant to 21 U.S.C. 830(b) and 21 CFR 1310.05(b); and to
approve or disapprove regular customer or regular importer status under
21 U.S.C. 971 and 21 CFR 1313.15 and 1313.24.
* * * * *
Dated: August 24, 1995.
Thomas A. Constantine,
Administrator.
[FR Doc. 95-21932 Filed 9-1-95; 8:45 am]
BILLING CODE 4410-09-M