[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Rules and Regulations]
[Pages 40463-40464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16012]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

28 CFR Part 0

[Docket No. DEA-310F]


Redelegation of Functions

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule makes one revision to the Drug Enforcement 
Administration's (DEA) regulations concerning agency management. 
Additional personnel are authorized to sign and issue administrative 
subpoenas.

DATES: Effective Date: July 15, 2008.

FOR FURTHER INFORMATION CONTACT: Wendy H. Goggin, Chief Counsel, Drug 
Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 
22152, Telephone (202) 307-1000.

SUPPLEMENTARY INFORMATION: This Final Rule implements one change to 
Title 28, Code of Federal Regulations (CFR), Part 0 by adding three 
officials to the list of officials who may sign and issue 
administrative subpoenas pursuant to the Comprehensive Drug Abuse 
Prevention and Control Act of 1970, Public Law No. 91-513, 84 Stat. 
1236 (1970), as amended (the Act), codified at 21 U.S.C. 801-971. In 
addition to the Attorney General and the DEA Administrator, the current 
list of such officials is set forth at 28 CFR, Chapter I, part 0, 
Appendix to Subpart R, Section 4. Title 21, U.S.C. 875 and 876, provide 
the authority to issue such subpoenas. By 28 CFR 0.100, the Attorney 
General has delegated this authority to issue administrative subpoenas 
in support of his functions and duties under the Act to the DEA 
Administrator. The DEA Administrator is permitted by 28 CFR 0.104 to 
redelegate this authority ``to any of [her] subordinates[.]''
    By this Final Rule, DEA now extends this administrative subpoena 
authority to its senior officials overseas who often supervise 
investigations with leads back in the United States, i.e., DEA's 
Regional Directors, Assistant Regional Directors, and Country 
Attach[eacute]s. As Title 28 CFR, Chapter I, Part 0, Appendix to 
Subpart R, Section 4 is presently written, DEA Resident Agents in 
Charge and Special Agent Group Supervisors posted outside the United 
States have such authority while their superiors, i.e., Regional 
Directors, Assistant Regional Directors, and Country Attach[eacute]s, 
do not. The amendment to section 4 is designed, in part, to rectify 
this anomaly.
    Title 28 CFR, Chapter I, Part 0, Appendix to Subpart R, Section 4 
currently lists twelve categories of DEA and FBI officials who are 
empowered to sign and issue administrative subpoenas under 21 U.S.C. 
875 and 876. To this list of senior officials DEA now adds its Regional 
Directors, Assistant Regional Directors, and Country Attach[eacute]s. 
This is being done to rectify an oversight. While both DEA Resident 
Agents in Charge and Special Agent Group Supervisors posted outside the 
U.S. have authority to sign and issue such administrative subpoenas, 
unlike the case of Resident Agents in Charge and Special Agent Group 
Supervisors within the U.S., the superior officials (Regional 
Directors, Assistant Regional Directors, and Country Attach[eacute]s) 
of such Resident Agents in Charge and Group Supervisors serving 
overseas have not heretofore been listed at Title 28 CFR, Chapter I, 
Part 0, Appendix to Subpart R, Section 4, as officials to whom the 
Administrator has redelegated her authority to sign and issue 
administrative subpoenas.

Regulatory Certifications

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
is a rule of agency organization, procedure, and practice. As such, 
this rule is 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), 
(b)(3)(A), (d)(3).

Regulatory Flexibility Act

    The Acting Administrator, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, 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 Drug Enforcement 
Administration. Further, a Regulatory Flexibility Analysis was not 
required to be prepared for this final rule because the Drug 
Enforcement Administration was not required to publish a general notice 
of proposed rulemaking for this matter.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. 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 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

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, Federalism, the Drug Enforcement Administration has 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 $120 
million or more (adjusted for inflation) in any one year, and it will 
not significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates

[[Page 40464]]

Reform Act of 1995, 2 U.S.C. 1501 et seq.

Congressional Review Act

    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 (Congressional Review Act). This rule will not result in an annual 
effect on the economy of $100 million or more; a major increase in 
costs or prices; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based companies to compete with foreign-based companies 
in domestic and export markets.
    The Drug Enforcement Administration has determined that this action 
is a rule relating to agency organization, procedure or practice that 
does not substantially affect the rights or obligation of non-agency 
parties and, accordingly, is not a ``rule'' as that term is used by the 
Congressional Review Act (Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1966). Therefore, the reporting requirement 
of 5 U.S.C. 801 does not apply.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

0
Accordingly, and for the reasons set forth above, 28 CFR Part 0 is 
amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE [AMENDED]

0
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.


0
2. In section 4 of the Appendix to Subpart R, paragraph (a) is revised 
to read as follows:

Appendix to Subpart R of Part 0--Redelegation of Functions

    Sec. 4. Issuance of subpoenas. (a) The Chief Inspector of the 
DEA; the Deputy Chief Inspectors and Associate Deputy Chief 
Inspectors of the Office of Inspections and the Office of 
Professional Responsibility of the DEA; all Special Agents-in-Charge 
of the DEA and the FBI; DEA Inspectors assigned to the Inspection 
Division; DEA Associate Special Agents-in-Charge; DEA and FBI 
Assistant Special Agents-in-Charge; DEA Resident Agents-in-Charge; 
DEA Diversion Program Managers; FBI Supervisory Senior Resident 
Agents; DEA Special Agent Group Supervisors; those FBI Special Agent 
Squad Supervisors who have management responsibility over Organized 
Crime/Drug Program Investigations; and DEA Regional Directors, 
Assistant Regional Directors, and Country Attach[eacute]s, are 
authorized to sign and issue subpoenas with respect to controlled 
substances, listed chemicals, tableting machines or encapsulating 
machines under 21 U.S.C. 875 and 876 in regard to matters within 
their respective jurisdictions.
* * * * *

    Dated: July 1, 2008.
Michele M. Leonhart,
Acting Administrator.
[FR Doc. E8-16012 Filed 7-14-08; 8:45 am]
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