[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Rules and Regulations]
[Page 52493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26732]


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DEPARTMENT OF JUSTICE

28 CFR Part 0


Authorization of DEA Laboratory Directors to Release DEA 
Laboratory Information to Federal and State Prosecutors; Redelegation 
of Authority

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule authorizes Drug Enforcement Administration 
(DEA) Laboratory Directors to release DEA laboratory information, and 
to authorize testimony by DEA laboratory personnel, in response to 
Federal and State prosecutors' requests for same.

EFFECTIVE DATE: January 22, 1997.

FOR FURTHER INFORMATION CONTACT:
Jayme S. Walker, Associate Chief Counsel, Office of Chief Counsel, Drug 
Enforcement Administration, (202) 307-8030.

SUPPLEMENTARY INFORMATION: The Administrator of the DEA is authorized 
at 28 CFR 0.103(a) to release DEA information, and to authorize DEA 
personnel to testify, in response to requests from Federal and State 
prosecutors who are engaged in the enforcement of laws which are 
related to controlled substances. The Administration is authorized by 
Sec. 0.104 to redelegate to any of his subordinates any of the powers 
and functions assigned to him by subpart R.
    DEA Special Agents in Charge were previously delegated the 
authority to grant Sec. 0.103(a) requests as they related to DEA 
Special Agents, Diversion Investigators, and other personnel under this 
supervision, at 28 CFR, Appendix to Subpart R, section 2. This 
redelegation will amend section 2 to give DEA Laboratory Directors 
corresponding authority over DEA laboratory information and testimony, 
specifically, the authority to release DEA laboratory information, and 
to authorize the testimony of DEA laboratory personnel, under the 
circumstances described at 28 CFR 0.103(a).
    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 sections 1 (a)(3) and 1(b) 
of Executive Order 12291, this rule is not a major rule and relates 
only to the organization of functions with DEA. Accordingly, it has not 
been reviewed by the Office of Management and Budget. This action has 
been analyzed in accordance with Executive Order 12612 and it has been 
determined that this matter has no federalism implications which would 
warrant the 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, section 2, 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, section 2, is revised to read as 
follows:

Appendix to Subpart R--Redelegation of Functions

* * * * *
    Sec. 2. Supervisors. All Special Agents-in-Charge of the DEA, and 
the FBI are authorized to conduct enforcement hearings under 21 U.S.C. 
883, and to take custody of seized property under 21 U.S.C. 881. All 
Special Agents-in-Charge of the DEA and the FBI are authorized to 
release information pursuant to 28 CFR 0.103(a) (1) and (2) which is 
obtained by the DEA and the FBI, and to authorize the testimony of DEA 
and FBI officials in response to prosecution subpoenas under 28 CFR 
0.103(a)(3). All DEA Laboratory Directors are authorized to release 
information pursuant to 28 CFR 0.103(a) (1) and (2) which is obtained 
by a DEA laboratory, and to authorize the testimony of DEA laboratory 
personnel in response to prosecution subpoenas under 28 CFR 
0.103(a)(3). All DEA Special Agents-in-Charge are authorized to take 
custody of, and make disposition of, controlled substances seized 
pursuant to 21 U.S.C. 824(g).
* * * * *
    Dated: September 25, 1997.
Thomas A. Constantine,
Administrator.
[FR Doc. 97-26732 Filed 10-7-97; 8:45 am]
BILLING CODE 4410-09-M