Rule2026-10177
Authority of Drug Enforcement Administration Supervisory Diversion Investigators, Field Intelligence Managers, and Intelligence Group Supervisors To Sign and Issue Administrative Subpoenas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 21, 2026
Effective
May 21, 2026
Issuing agencies
Justice Department
Abstract
The Drug Enforcement Administration ("DEA") is revising the Appendix to Department of Justice regulations that contains delegations of certain functions under the Controlled Substances Act and its implementing regulations. This rule authorizes additional DEA personnel, specifically Supervisory Diversion Investigators, Field Intelligence Managers, and Intelligence Group Supervisors, to sign and issue administrative subpoenas.
Full Text
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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Rules and Regulations]
[Pages 29897-29898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10177]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[Docket No. DEA1091; AG Order No. 6868-2026]
Authority of Drug Enforcement Administration Supervisory
Diversion Investigators, Field Intelligence Managers, and Intelligence
Group Supervisors To Sign and Issue Administrative Subpoenas
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Drug Enforcement Administration (``DEA'') is revising the
Appendix to Department of Justice regulations that contains delegations
of certain functions under the Controlled Substances Act and its
implementing regulations. This rule authorizes additional DEA
personnel, specifically Supervisory Diversion Investigators, Field
Intelligence Managers, and Intelligence Group Supervisors, to sign and
issue administrative subpoenas.
DATES: This final rule is effective on May 21, 2026.
FOR FURTHER INFORMATION CONTACT: Heather E. Achbach, Regulatory
Drafting and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 776-3882.
SUPPLEMENTARY INFORMATION:
I. Legal Authority and Background
By delegation from the Attorney General, the Administrator of Drug
Enforcement (``Administrator'') is responsible for carrying out all
functions vested in the Attorney General by the Controlled Substances
Act, with limited exceptions not relevant here.\1\ The Administrator,
in turn, is authorized to redelegate such functions to any subordinates
of the Administrator.\2\ Those functions that have been redelegated to
the Administrator's subordinates are set forth in 28 CFR part 0,
Appendix to subpart R.
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\1\ 28 CFR 0.100.
\2\ 28 CFR 0.104.
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The final rule being issued today amends section 4(a) of the
Appendix to subpart R to delegate to additional DEA officials the
authority 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. Currently, within DEA, the Chief
Inspector of DEA; the Deputy Chief Inspectors and Associate Deputy
Chief Inspectors of the Office of Inspections and the Office of
Professional Responsibility of DEA; all Special Agents-in-Charge of
DEA; DEA Inspectors assigned to the Inspection Division; DEA Associate
Special Agents-in-Charge; DEA Assistant Special Agents-in-Charge; DEA
Resident Agents-in-Charge; DEA Diversion Program Managers; DEA Special
Agent Group Supervisors; and DEA Regional Directors, Assistant Regional
Directors, and Country Attach[eacute]s have the authority to sign and
issue such administrative subpoenas.\3\ This final rule grants DEA
Supervisory Diversion Investigators, Field Intelligence Managers, and
Intelligence Group Supervisors, who, like DEA Special Agent Group
Supervisors, hold supervisory positions within their respective
divisions (the Diversion Control Division and the Intelligence
Division), the same authority to sign and issue administrative
subpoenas as these DEA Special Agent Group Supervisors.
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\3\ 28 CFR part 0, Appendix to subpart R, Sec. 4(a).
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II. Regulatory Analyses
Administrative Procedure Act
This final rule relates to a matter of agency management or
personnel, is a rule of agency organization, procedure, or practice,
and is not a substantive rule. As such, this rule is exempt from the
usual requirements for prior notice and comment and a 30-day delay in
effective date.\4\
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\4\ See 5 U.S.C. 553(a)(2), (b)(A), & (d).
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Executive Orders 12866, 13563, and 14192 (Regulatory Review)
This final rule is limited to matters of agency organization,
management, or personnel. Accordingly, it is excluded from the
categories of regulations or rules that are subject to review under
Executive Orders (E.O.s) 12866, 13563, and 14192.
Executive Order 12988, Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burdens.
Executive Order 13132, Federalism
This final rule does not have federalism implications warranting
the application of E.O. 13132. The final rule does 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule does not have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Executive Order 14267, Reducing Anti-Competitive Regulatory Barriers
This final rule does not reduce competition, entrepreneurship, and
innovation.
[[Page 29898]]
Executive Order 14294, Overcriminalization of Federal Regulations
E.O. 14294 specifies that all notices of proposed rulemaking and
final rules published in the Federal Register, the violation of which
may constitute criminal regulatory offenses, should include a statement
identifying that the rule or proposed rule is a criminal regulatory
offense, the authorizing statute, and the mens rea requirement for each
element of the offense. This final rule does not involve a criminal
regulatory offense, and thus E.O. 14294 does not apply.
Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA'') \5\ applies to rules that
are subject to the notice-and-comment requirements under the
Administrative Procedure Act.\6\ DEA is not required to publish a
general notice of proposed rulemaking before issuing this final rule.
Consequently, the RFA does not apply to this final rule.
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\5\ 5 U.S.C. 601-612.
\6\ 5 U.S.C. 553.
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Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act (``UMRA'') of
1995,\7\ DEA has determined that this action will not result in ``any
Federal mandate that may result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any 1 year .
. . .'' \8\ Therefore, neither a Small Government Agency Plan nor any
other action is required under the UMRA of 1995.
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\7\ 2 U.S.C. 1501 et seq.
\8\ 2 U.S.C. 1532.
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Paperwork Reduction Act of 1995
This final rule does not impose a new collection or modify an
existing collection of information under the Paperwork Reduction Act of
1995.\9\ Also, this final rule does not impose a recordkeeping or
reporting requirement on State or local governments, individuals,
businesses, or other organizations.
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\9\ 44 U.S.C. 3501-3521.
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Congressional Review Act
Because this is a rule of agency management or personnel and a rule
of agency organization, procedure, or practice that does not
substantially affect the rights or obligations of non-agency parties,
the reporting requirement under 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.
For the reasons stated in the preamble, the Department of Justice
amends 28 CFR part 0 as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
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 Appendix to subpart R of part 0, in section 4, amend paragraph
(a), by adding the words ``DEA Supervisory Diversion Investigators; DEA
Field Intelligence Managers; DEA Intelligence Group Supervisors;''
after the words ``DEA Special Agent Group Supervisors;''.
Dated: May 18, 2026.
Todd Blanche,
Acting Attorney General.
[FR Doc. 2026-10177 Filed 5-20-26; 8:45 am]
BILLING CODE 4410-09-P
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