[Federal Register: November 27, 2007 (Volume 72, Number 227)]
[Proposed Rules]               
[Page 66118-66122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no07-43]                         

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR PART 1305

[Docket No. DEA--303P]
RIN 1117-AB15

 
New Single-Sheet Format for U.S. Official Order Form for Schedule 
I and II Controlled Substances (DEA Form 222)

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Drug Enforcement Administration (DEA) is proposing to 
amend its regulations to implement a new format for order forms (DEA 
Form 222) which are issued by DEA to DEA registrants to allow them to 
order schedule I and/or II controlled substances. The present format 
utilizes a three-part, carbon-copy form with Copies 2 and 3 replicating 
Copy 1. The proposed format will employ a single-sheet form. The new 
form will have enhanced security features and will be easier for DEA 
registrants to use.

DATES: Written comments must be postmarked, and electronic comments 
must be sent, on or before January 28, 2008.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-303P'' on all written and electronic correspondence. 
Written comments being sent via regular mail should be sent to the 
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC 20537, Attention: DEA 
Federal Register Representative/ODL. Written comments sent via express 
mail should be sent to DEA Headquarters, Attention: DEA Federal 
Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 
22152. Comments may be sent directly to DEA electronically by sending 
an electronic message to dea.diversion.policy@usdoj.gov. Comments may 
also be sent electronically through http://www.regulations.gov using 

the electronic comment form provided on that site. An electronic copy 
of this document is also available at the http://www.regulations.gov 

Web site. DEA will accept electronic comments containing MS Word, 
WordPerfect, Adobe PDF, or Excel files only. DEA will not accept any 
file format other than those specifically listed here.
    Posting of Public Comments: Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at http://www.regulations.gov and in the Drug 

Enforcement Administration's public docket. Such information includes 
personal identifying information (such as your name, address, etc.) 
voluntarily submitted by the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online or made available in the public docket, you must 
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first 
paragraph of your comment. You must also place all the personal 
identifying information you do not want posted online or made available 
in the public docket in the first paragraph of your comment and 
identify what information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be posted online or made available 
in the public docket, you must include the phrase ``CONFIDENTIAL 
BUSINESS INFORMATION'' in the first paragraph of your comment. You must 
also prominently identify confidential business information to be 
redacted within the comment. If a comment has so much confidential 
business information that it cannot be effectively redacted, all or 
part of that comment may not be posted online or made available in the 
public docket.
    Personal identifying information and confidential business 
information identified and located as set forth above will be redacted 
and the comment, in redacted form, will be posted online and placed in 
the Drug Enforcement Administration's public docket file. If you wish 
to inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph.

FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, Telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION:

Background

Legal Authority

    The Drug Enforcement Administration (DEA) administers the 
Controlled Substances Act (CSA) (21 U.S.C. 801 et seq.) as amended. DEA 
regulations implementing this statute are published in Title 21 of the 
Code of Federal Regulations (CFR), Parts 1300 to 1316. These 
regulations are designed to establish a framework for the legal 
distribution of controlled substances to ensure that there is a 
sufficient supply of these drugs for legitimate medical purposes while 
deterring their diversion to illegal purposes. Controlled substances 
are those substances listed in the schedules of the CSA and 21 CFR 
1308.11-1308.15, and generally include narcotics, stimulants, 
depressants, hallucinogens, and anabolic steroids that have potential 
for abuse and physical and psychological dependence.
    Controlled substances are divided into five schedules. Schedule I 
substances are drugs which have a high potential for abuse and no 
currently accepted medical use in treatment in the United States. They 
may be used only for research, chemical analysis, or manufacture of 
other drugs. Schedule II substances have legitimate medical uses, but a 
high potential for abuse and physical and psychological dependence, and 
are subject to more stringent controls than other legitimate controlled 
substances. Schedule III through V substances have legitimate medical 
uses; however, they have a lower potential for abuse and physical and 
psychological dependence than do schedule II controlled substances.
    The CSA and DEA regulations require that persons involved in the 
manufacture, distribution, research, dispensing, import, and export of 
controlled substances register with DEA, keep track of all stocks of 
controlled substances, and maintain records to

[[Page 66119]]

account for all controlled substances received, distributed, or 
otherwise disposed of. The overall goal of the CSA and its implementing 
regulations is to provide a closed distribution system so that a 
controlled substance is at all times under the legal control of a 
person registered, or specifically exempted from registration, by the 
Drug Enforcement Administration until it reaches the ultimate user or 
is destroyed. DEA achieves this goal by registering manufacturers, 
distributors, reverse distributors, dispensers, researchers, importers 
and exporters of controlled substances. Thus, any movement of 
controlled substances between these registered persons is covered by 
DEA regulations.

Order Forms

    The CSA requires that schedule I and II controlled substances be 
distributed only pursuant to a written order made by the purchaser on a 
form issued by the Attorney General, (21 U.S.C. 828). This 
responsibility has been delegated to the Administrator of DEA (28 CFR 
0.100) and redelegated to the Deputy Assistant Administrator of the DEA 
Office of Diversion Control (28 CFR 0.104; Appendix to Subpart R, Sec.  
7). DEA uses these order forms to allow better tracking of all 
distributions of schedule I and II controlled substances. As stated 
previously, order forms are required for schedule I and II controlled 
substances because they have a higher potential for abuse and physical 
and psychological dependence than schedule III through V controlled 
substances. The order forms are issued to DEA registrants to allow them 
to purchase controlled substances. The order forms are designated as 
DEA Form 222. The law and regulations require that DEA preprint certain 
information on these order forms including the name, address, and DEA 
number of the registrant, the authorized activity, and the schedules of 
the registrant (21 U.S.C. 828, 21 CFR 1305.11). Order forms are 
triplicate forms, printed on interleaved carbon sheets.
    Whenever a DEA registrant wishes to acquire a schedule I and/or II 
controlled substance, that registrant must annotate on the order form 
the name and address of the supplying DEA registrant, the date 
requested, the number of packages of controlled substance ordered, the 
size of the package of the controlled substance ordered, and the name 
of the controlled substance ordered. The purchaser retains one copy 
(Copy 3) of the form and sends two copies to the supplier so that the 
order for a controlled substance can be filled. The supplier annotates 
the form by entering the actual number of packages of the controlled 
substance(s) shipped and the actual date shipped. The supplier retains 
one copy (Copy 1) of the order form sent to him/her by the purchaser, 
and sends the other copy (Copy 2) of the form to the DEA Special Agent 
in Charge in the area where the supplier is located. Upon receiving the 
controlled substances, the purchaser annotates on its copy of the order 
form the number of packages of the controlled substance(s) ordered 
which are actually received and the actual date received. Both the 
purchaser and the supplier are required to preserve their respective 
copy of the order form for two years and make it available to officials 
of the DEA for inspection, if requested.

Need for New Form

    The proposed new format for DEA Form 222 will employ a single-sheet 
form. In executing a transaction of a schedule I and/or II controlled 
substance, a DEA registrant will process the new single-sheet form in a 
similar manner to the processing of the current three-part form. The 
change in processing will be that the single-sheet form will have to be 
copied rather than having the copies pre-printed. DEA will continue to 
preprint and issue the original form.
    The new form is being initiated to improve security and to allow 
better ease in handling. The new form will have enhanced security 
features over the current three-part form. DEA will preprint the new 
form on sturdier paper with a special embedded watermark of the DEA 
emblem making it more difficult to copy for counterfeit purposes. If 
photocopied, the photocopy of the new form will display the DEA emblem 
and the statement ``Copy'' to hinder counterfeiting.
    It is anticipated that the new form will be more convenient for DEA 
registrants to utilize. The old three-part form format was created more 
than thirty years ago and the processing of a transaction with carbon 
copies is an outdated concept. Today, new office technology exists such 
as laser printers and photocopiers which will allow DEA registrants 
greater ease in utilizing the single-sheet form.
    The single-sheet form will be beneficial for DEA as well. The 
equipment used to print the interleaved carbon forms is old, and 
finding replacement parts and otherwise maintaining the equipment is 
costly, difficult, and time-consuming.

Transition From Old to New Format

    If this regulation is finalized as proposed, once the new single-
sheet form is in use, the current three-part form will be phased out, 
and eventually will no longer be issued by DEA. DEA registrants will be 
allowed to exhaust their supply of the old three-part forms as part of 
the transition. To effect a smooth transition, DEA registrants will be 
allowed to continue to order the current three-part form for at least 
one year once the new single-sheet form is introduced. Approximately 
two years after the establishment of the new single-sheet format, the 
old three-part form will be totally discontinued. Thus, business firms 
will have time to shift their processes to accommodate the new form.

Revision of DEA Regulations to Accommodate Single Sheet DEA Form 222

    DEA proposes to amend its regulations pertaining to orders for 
schedule I and II controlled substances to allow for the transition 
from the three-part form to the single-sheet form of DEA Form 222. 
Initially, the new procedures for the single-sheet format will exist 
alongside the existing procedures for the three-part form. Eventually, 
in a later rulemaking, the procedures detailing the use of the three-
part form will be deleted from the regulations.
    DEA is amending its regulations to reflect the fact that only one 
original DEA Form 222 will be provided to purchasing registrants by 
DEA. Registrants purchasing schedule I and II controlled substances 
will now be required to make a copy of the form and send the original 
to their supplier for filling. It is important to note that the process 
for handling the DEA Form 222 remains unchanged. The only difference 
made by these proposed amendments is to require registrants to make 
photocopies of the form, rather than having DEA provide an original and 
two carbon copies.

Other Minor Regulatory Changes

    In addition to the changes discussed above, DEA is proposing 
several minor regulatory changes as part of this rulemaking, as 
discussed below.
    Currently, interleaved triplicate order forms are produced in 
books, with each book containing 7 order forms. The new single-sheet 
form will not be produced in books, giving DEA and registrants greater 
flexibility regarding the number of order forms to be requisitioned. 
Therefore, in Sec.  1305.11, DEA is proposing to modify the language 
regarding the new single-sheet DEA Form 222 to indicate that a 
predetermined number of order forms, based on the business activity of 
the

[[Page 66120]]

registrant, will be issued, rather than books of 7 order forms.
    In Sec.  1305.12, DEA is proposing to add to the list of acceptable 
methods for filling out a DEA Form 222 use of a computer printer, in 
addition to the existing typewriter, pen, or indelible pencil.

Regulatory Certifications

Regulatory Flexibility Act

    The Deputy Assistant Administrator hereby certifies that this 
rulemaking has been drafted in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), and by approving it certifies that 
this regulation will not have a significant economic impact upon a 
substantial number of small entities. This rule proposes that DEA 
regulations be amended to implement a new format for order forms (DEA 
Form 222) which are issued by DEA to DEA registrants to allow them to 
order schedule I and/or II controlled substances. The present format 
utilizes a three-part, carbon-copy form with Copies 2 and 3 replicating 
Copy 1. The proposed format will employ a single-sheet form, which will 
incorporate additional security features and will be easier for DEA 
registrants to use.

Executive Order 12866

    The Deputy Assistant Administrator further certifies that this 
rulemaking has been drafted in accordance with the principles of 
Executive Order 12866 Section 1(b). It has been determined that this is 
a significant regulatory action. Therefore, this action has been 
reviewed by the Office of Management and Budget.

Executive Order 12988

    The Deputy Assistant Administrator further certifies that this 
regulation meets the applicable standards set forth in Sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Executive Order 13132

    This rulemaking does not preempt or modify any provision of State 
law; nor does it impose enforcement responsibilities on any State; nor 
does it diminish the power of any State to enforce its own laws. 
Accordingly, this rulemaking does not have federalism implications 
warranting the application of Executive Order 13132.

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 
$120,000,000 or more (adjusted for inflation) in any one year, and 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.

Paperwork Reduction Act

    Although this rule establishes a new DEA Form 222, it does not 
affect the time necessary to complete the collection of information nor 
the persons required to use DEA Form 222 in the ordering of schedule I 
and II controlled substances. Nor does the revision of the design of 
the form--use of triplicate interleaved sheets versus single sheet--
revise the fields contained on the form. The new form does not collect 
any new information or modify any existing information being collected. 
Accordingly, revisions to the DEA information collection entitled 
``U.S. Official Order Forms for Schedule I and II Controlled Substances 
(Accountable Forms), Order Form Requisition'' (OMB approval number 
1117-0010) are not necessary.

Congressional Review Act

    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 
(Congressional Review Act). This rule will not result in an annual 
effect on the economy of $100,000,000 or more; a major increase in 
costs or prices; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based companies to compete with foreign-based companies 
in domestic and export markets.

List of Subjects in 21 CFR Part 1305

    Drug traffic control, Reporting requirements.

    For the reasons set forth above, 21 CFR part 1305 is proposed to be 
amended as follows:

PART 1305--ORDERS FOR SCHEDULE I AND II CONTROLLED SUBSTANCES 
[AMENDED]

    1. The authority citation for part 1305 continues to read as 
follows:

    Authority: 21 U.S.C. 821, 828, and 871, unless otherwise noted.

    2. Section 1305.11 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  1305.11  Procedure for obtaining DEA Forms 222.

    (a)(1) Except as provided in paragraph (a)(2) of this section, DEA 
Forms 222 are issued in mailing envelopes containing seven forms, each 
form containing an original, duplicate, and triplicate copy 
(respectively, Copy 1, Copy 2, and Copy 3) (hereafter referred to as 
the ``triplicate'' form). A limit, which is based on the business 
activity of the registrant, will be imposed on the number of DEA Forms 
222 which will be furnished on any requisition, unless additional forms 
are specifically requested and a reasonable need for such additional 
forms is shown.
    (2) DEA Forms 222 are issued in mailing envelopes containing a 
predetermined number of forms based on the business activity of the 
registrant, each form consisting of one single-sheet (hereafter 
referred to as the ``single sheet'' form). A limit, which is based on 
the business activity of the registrant, will be imposed on the number 
of DEA Forms 222 which will be furnished on any requisition unless 
additional forms are specifically requested and a reasonable need for 
such additional forms is shown.
    (b) Any person applying for a registration that would entitle him 
or her to obtain a DEA Form 222 may requisition the forms by so 
indicating on the application or renewal form; a DEA Form 222 will be 
supplied upon the registration of the applicant. Any person holding a 
registration entitling him or her to obtain a DEA Form 222 may 
requisition the forms for the first time by contacting any Division 
Office or the Registration Section of the Administration. Any person 
already holding a DEA Form 222 may requisition additional forms by 
contacting any Division Office or the Registration Section of the 
Administration.
* * * * *
    3. Section 1305.12 is amended by revising paragraph (a) to read as 
follows:


Sec.  1305.12  Procedure for executing DEA Forms 222.

    (a)(1) A purchaser must prepare and execute a triplicate DEA Form 
222 simultaneously in triplicate by means of interleaved carbon sheets 
that are part of the DEA Form 222. DEA Form 222 must be prepared by use 
of a typewriter, computer printer, pen, or indelible pencil.
    (2) A purchaser must prepare a single sheet DEA Form 222 by use of 
a typewriter, computer printer, pen, or indelible pencil.
* * * * *
    4. Section 1305.13 is amended by revising paragraphs (a), (b), (d), 
and (e) to read as follows:

[[Page 66121]]

Sec.  1305.13  Procedure for filling DEA Forms 222.

    (a)(1) A purchaser must submit Copy 1 and Copy 2 of the triplicate 
DEA Form 222 to the supplier and retain Copy 3 in the purchaser's 
files.
    (2) A purchaser must submit the original of the single sheet DEA 
Form 222 to the supplier and retain a copy in the purchaser's files.
    (b)(1) For the triplicate DEA Form 222, a supplier may fill the 
order, if possible and if the supplier desires to do so, and must 
record on Copies 1 and 2 the number of commercial or bulk containers 
furnished on each item and the date on which the containers are shipped 
to the purchaser. If an order cannot be filled in its entirety, it may 
be filled in part and the balance supplied by additional shipments 
within 60 days following the date of the DEA Form 222. No DEA Form 222 
is valid more than 60 days after its execution by the purchaser, except 
as specified in paragraph (f) of this section.
    (2) For the single sheet DEA Form 222, a supplier may fill the 
order, if possible and if the supplier desires to do so, and must 
record on the original and a copy the number of commercial or bulk 
containers furnished on each item and the date on which the containers 
are shipped to the purchaser. If an order cannot be filled in its 
entirety, it may be filled in part and the balance supplied by 
additional shipments within 60 days following the date of the DEA Form 
222. No DEA Form 222 is valid more than 60 days after its execution by 
the purchaser, except as specified in paragraph (f) of this section.
* * * * *
    (d)(1) The supplier must retain Copy 1 of the triplicate DEA Form 
222 for his or her files and forward Copy 2 to the Special Agent in 
Charge of the Drug Enforcement Administration in the area in which the 
supplier is located. Copy 2 must be forwarded at the close of the month 
during which the order is filled. If an order is filled by partial 
shipments, Copy 2 must be forwarded at the close of the month during 
which the final shipment is made or the 60-day validity period expires.
    (2) The supplier must retain the original of the single sheet DEA 
Form 222 for his or her files and forward a copy to the Special Agent 
in Charge of the Drug Enforcement Administration in the area in which 
the supplier is located. The copy must be forwarded at the close of the 
month during which the order is filled. If an order is filled by 
partial shipments, the copy must be forwarded at the close of the month 
during which the final shipment is made or the 60-day validity period 
expires.
    (e)(1) The purchaser must record on Copy 3 of the triplicate DEA 
Form 222 the number of commercial or bulk containers furnished on each 
item and the dates on which the containers are received by the 
purchaser.
    (2) The purchaser must record on its copy of the single sheet DEA 
Form 222 the number of commercial or bulk containers furnished on each 
item and the dates on which the containers are received by the 
purchaser.
* * * * *
    5. Section 1305.14 is amended by revising paragraph (a) to read as 
follows:


Sec.  1305.14  Procedure for endorsing DEA Forms 222.

    (a)(1) A triplicate DEA Form 222, made out to any supplier who 
cannot fill all or a part of the order within the time limitation set 
forth in Sec.  1305.13, may be endorsed to another supplier for 
filling. The endorsement must be made only by the supplier to whom the 
DEA Form 222 was first made, must state (in the spaces provided on the 
reverse sides of Copies 1 and 2 of the triplicate DEA Form 222) the 
name and address of the second supplier, and must be signed by a person 
authorized to obtain and execute DEA Forms 222 on behalf of the first 
supplier. The first supplier may not fill any part of an order on an 
endorsed form. The second supplier may fill the order, if possible and 
if the supplier desires to do so, in accordance with Sec.  1305.13(b), 
(c), and (d), including shipping all substances directly to the 
purchaser.
    (2) A single-sheet DEA Form 222, made out to any supplier who 
cannot fill all or a part of the order within the time limitation set 
forth in Sec.  1305.13, may be endorsed to another supplier for 
filling. The endorsement must be made only by the supplier to whom the 
DEA Form 222 was first made, must state (in the spaces provided in Part 
2 on the original DEA Form 222 and on the copy to be sent to DEA) the 
name and address of the second supplier, and must be signed by a person 
authorized to obtain and execute DEA Forms 222 on behalf of the first 
supplier. The first supplier may not fill any part of an order on an 
endorsed form. The second supplier may fill the order, if possible and 
if the supplier desires to do so, in accordance with Sec.  1305.13(b), 
(c), (d), including shipping all substances directly to the purchaser.
* * * * *
    6. Section 1305.15 is amended by revising paragraphs (b) and (d) to 
read as follows:


Sec.  1305.15  Unaccepted and defective DEA Forms 222.

* * * * *
    (b)(1) If a triplicate DEA Form 222 cannot be filled for any reason 
under this section, the supplier must return Copies 1 and 2 to the 
purchaser with a statement as to the reason (e.g. illegible or 
altered).
    (2) If a single-sheet DEA Form 222 cannot be filled for any reason 
under this section, the supplier must return the original copy to the 
purchaser with a statement as to the reason (e.g. illegible or 
altered).
* * * * *
    (d)(1) When a purchaser receives an unaccepted order, Copies 1 and 
2 of the triplicate DEA Form 222 and the statement must be attached to 
Copy 3 and retained in the files of the purchaser in accordance with 
Sec.  1305.17. A defective DEA Form 222 may not be corrected; it must 
be replaced by a new DEA Form 222 for the order to be filled.
    (2) When a purchaser receives an unaccepted order, the original of 
the single-sheet DEA Form 222 and the statement must be retained in the 
files of the purchaser in accordance with Sec.  1305.17. A defective 
DEA Form 222 may not be corrected; it must be replaced by a new DEA 
Form 222 for the order to be filled.
    7. Section 1305.16 is amended by revising paragraph (a) to read as 
follows:


Sec.  1305.16  Lost and stolen DEA Forms 222.

    (a)(1) If a purchaser ascertains that an unfilled triplicate DEA 
Form 222 has been lost, he or she must execute another in triplicate 
and attach a statement containing the serial number and date of the 
lost form, and stating that the goods covered by the first DEA Form 222 
were not received through loss of that DEA Form 222. Copy 3 of the 
second form and a copy of the statement must be retained with Copy 3 of 
the DEA Form 222 first executed. A copy of the statement must be 
attached to Copies 1 and 2 of the second DEA Form 222 sent to the 
supplier. If the first DEA Form 222 is subsequently received by the 
supplier to whom it was directed, the supplier must mark upon the face 
``Not accepted'' and return Copies 1 and 2 to the purchaser, who must 
attach it to Copy 3 and the statement.
    (2) If a purchaser ascertains that an unfilled single-sheet DEA 
Form 222 has been lost, he or she must execute another and attach a 
statement containing the serial number and date of the lost form, and 
stating that the goods covered by the first DEA Form 222 were not 
received through loss of that DEA Form 222. A copy of the second form 
and a copy of the statement must be

[[Page 66122]]

retained with a copy of the DEA Form 222 first executed. A copy of the 
statement must be attached to a copy of the second DEA Form 222 sent to 
the supplier. If the first DEA Form 222 is subsequently received by the 
supplier to whom it was directed, the supplier must mark upon the face 
``Not accepted'' and return it (``the original'') to the purchaser, who 
must attach it to the statement.
* * * * *
    8. Section 1305.17 is amended by revising paragraphs (a), (b), and 
(c) to read as follows:


Sec.  1305.17  Preservation of DEA Forms 222.

    (a)(1) The purchaser must retain Copy 3 of each executed triplicate 
DEA Form 222 and all copies of unaccepted or defective forms with each 
statement attached.
    (2) The purchaser must retain a copy of each executed single-sheet 
DEA Form 222 and all copies of unaccepted or defective forms with each 
statement attached.
    (b)(1) The supplier must retain Copy 1 of each triplicate DEA Form 
222 that it has filled.
    (2) The supplier must retain the original of each single-sheet DEA 
Form 222 that it has filled.
    (c)(1) Triplicate DEA Forms 222 must be maintained separately from 
all other records of the registrant. DEA Forms 222 are required to be 
kept available for inspection for a period of two years. If a purchaser 
has several registered locations, the purchaser must retain Copy 3 of 
the executed triplicate DEA Form 222 and any attached statements or 
other related documents (not including unexecuted DEA Forms 222, which 
may be kept elsewhere under Sec.  1305.12 (e)), at the registered 
location printed on the DEA Form 222.
    (2) Single-sheet DEA Forms 222 must be maintained separately from 
all other records of the registrant. DEA Forms 222 are required to be 
kept available for inspection for a period of two years. If a purchaser 
has several registered locations, the purchaser must retain a copy of 
the executed single-sheet DEA Form 222 and any attached statements or 
other related documents (not including unexecuted DEA Forms 222, which 
may be kept elsewhere under Sec.  1305.12 (e)), at the registered 
location printed on the DEA Form 222.
* * * * *
    9. Section 1305.19 is revised to read as follows:


Sec.  1305.19  Cancellation and voiding of DEA Forms 222.

    (a)(1) A purchaser may cancel part or all of an order on a 
triplicate DEA Form 222 by notifying the supplier in writing of the 
cancellation. The supplier must indicate the cancellation on Copies 1 
and 2 of the triplicate DEA Form 222 by drawing a line through the 
canceled items and printing ``canceled'' in the space provided for the 
number of items shipped.
    (2) A purchaser may cancel part or all of an order on a single-
sheet DEA Form 222 by notifying the supplier in writing of the 
cancellation. The supplier must indicate the cancellation on the 
original copy of the DEA Form 222 sent by the purchaser to the supplier 
by drawing a line through the canceled items and printing ``canceled'' 
in the space provided for the number of items shipped.
    (b)(1) A supplier may void part or all of an order on a triplicate 
DEA Form 222 by notifying the purchaser in writing of the voiding. The 
supplier must indicate the voiding in the manner prescribed for 
cancellation in paragraph (a)(1) of this section.
    (2) A supplier may void part or all of an order on a single-sheet 
DEA Form 222 by notifying the purchaser in writing of the voiding. The 
supplier must indicate the voiding in the manner prescribed for 
cancellation in paragraph (a)(2) of this section.

     Dated: November 17, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control.
 [FR Doc. E7-22984 Filed 11-26-07; 8:45 am]

BILLING CODE 4410-09-P