Ordering Schedule I and II Controlled Substances Using DEA Form 222; Technical Amendments

SUPPLEMENTARY INFORMATION

I. Legal Authority

The Controlled Substances Act (CSA) grants the Attorney General authority to promulgate rules and regulations relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances; \1\ as well as the maintenance and submission of records and reports \2\ that are necessary and appropriate for the efficient execution of his statutory functions.\3\ The Attorney General is further authorized by the CSA to promulgate rules and regulations relating to the registration and control of importers and exporters of controlled substances.\4\ The Attorney General has delegated these authorities to the Administrator of the Drug Enforcement Administration (DEA).\5\

\1\ 21 U.S.C. 821.

\2\ 21 U.S.C. 827.

\3\ 21 U.S.C. 871(b).

\4\ 21 U.S.C. 958(f).

\5\ 28 CFR 0.100(b).

II. Technical Amendment to Power of Attorney for DEA Form 222 and Electronic Orders

a. Removal of Triplicate DEA Form 222 Regulatory Text

When DEA implemented the single sheet format for DEA Form 222 in September 2019, 21 CFR 1305.20 was promulgated to explain the transition process for DEA registrants to switch from the triplicate form to the single sheet form. Registrants were given a two-year transition period allowing the continued use of their existing stock of triplicate DEA Forms 222 before switching to the single sheet format.\10\ On October 30, 2021, DEA ceased accepting the triplicate form of DEA Form 222.\11\ Thus, 21 CFR 1305.20 is obsolete, and DEA is removing this section from DEA's regulations and reserving it for future use.

\10\ 84 FR 51368 (Sept. 30, 2019).

\11\ 21 CFR 1305.20(a).

III. Regulatory Analysis

a. Administrative Procedure Act

DEA is issuing this final rule without prior notice and an opportunity to comment pursuant to the Administrative Procedure Act's (APA) (5 U.S.C. 553) “good cause” exception. In certain circumstances, an agency may forgo the notice-and-comment rulemaking when a rulemaking is published in the Federal Register and

the agency “for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” \12\

\12\ 5 U.S.C. 553(b)(B).

This rule contains only technical corrections to DEA's current regulations, and it imposes no new or substantive requirement on the public or DEA registrants. As such, DEA has determined that notice and the opportunity for public comment on this rule are unnecessary. Because this is not a substantive rule, and as DEA finds good cause pursuant to 5 U.S.C. 553(d)(3), this final rule takes effect upon date of publication in the Federal Register.

b. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 14192 (Regulatory Review)

DEA has determined that this rulemaking is not a “significant regulatory action” under section 3(f) of Executive Order (E.O.) 12866, Regulatory Planning and Review. Accordingly, this proposed rule has not been submitted to the Office of Management and Budget (OMB) for review. This proposed rule has been drafted and reviewed in accordance with E.O. 12866, “Regulatory Planning and Review,” section 1(b), Principles of Regulation; E.O. 13563, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation; and E.O. 14192 “Unleashing Prosperity Through Deregulation.”

c. Executive Order 12988, Civil Justice Reform

This rule meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.

d. Executive Order 13132, Federalism

This 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 Federal government and the States, or the distribution of power and responsibilities among the various levels of government.

e. Executive Order 14294, Overcriminalization of Federal Regulations

Executive Order 14294 specifies that all notices of proposed rulemaking (NPRMs) 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. Since this final rule does not involve a criminal regulatory offense, E.O. 14294 does not apply.

f. Executive Order 14267 Reducing Anti-Competitive Regulatory Barriers

The final rule does not reduce competition, entrepreneurship, and innovation.

g. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

This rule does not have tribal implications warranting the application of E.O. 13175. This rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.

h. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to rules that are subject to notice and comment under section 553(b) of the APA. As explained above, DEA determined that there is good cause to exempt this rule from notice and comment. Consequently, the RFA does not apply to this final rule.

i. Unfunded Mandates Reform Act of 1995

In accordance with the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501 et seq., 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 million or more (adjusted annually for inflation) in any one year. Therefore, neither a Small Government Agency Plan nor any other action is required under the provisions of UMRA.

j. Congressional Review Act

This rule is not a major rule as defined the Congressional Review Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is submitting a copy of this final rule to both Houses of Congress and to the Comptroller General.

k. Paperwork Reduction Act

This final rule involves existing collection 1117-0010 but does not impose a new collection or modify an existing collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). This action does not impose additional recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Copies of the approved existing information collection may be obtained at http://www.reginfo.gov/public/do/PRAMain.

List of Subjects in 21 CFR Part 1305

Notice of Revocation

Signing Authority

This document of the Drug Enforcement Administration was signed on March 3, 2026, by Administrator Terrance C. Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.

Heather Achbach, Federal Register Liaison Officer, Drug Enforcement Administration. [FR Doc. 2026-05482 Filed 3-19-26; 8:45 am] BILLING CODE 4410-09-P