[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Rules and Regulations]
[Page 14899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7355]



[[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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