The Controlled Substances Act (CSA)
(21 U.S.C. 801-971) establishes a closed system of distribution for
controlled substances. To this end, controlled substances are
closely monitored and tightly regulated as they are distributed
through the supply chain. One tool that helps to maintain the
closed system of distribution is the CSA provision that states it
“shall be unlawful for any person to distribute a controlled
substance in schedules I or II to another except in pursuance of a
written order of the person to whom such substance is distributed,
made on a form to be issued by the Attorney General in blank in
accordance with subsection (d) of this section . . . .” 21 U.S.C.
828(a). The regulations implementing this provision are contained
in 21 CFR part 1305. Pursuant to the CSA, the DEA provides
authorized registrants (e.g., purchasers) with DEA Forms 222 for
ordering schedules I and II controlled substances. 21 U.S.C.
828(d). The DEA Form 222 is subsequently provided by the purchaser
to a supplier because, without the appropriate DEA Form 222, the
supplier is prohibited from distributing schedules I or II
controlled substances to the purchaser. Suppliers must then forward
an executed copy of each DEA Form 222 to the DEA. This system in
which the DEA provides a pre-printed order form to the purchaser,
who then submits the annotated order form to the supplier, who then
submits the completed form to the DEA, helps maintain the closed
system of distribution because each registrant in the transaction
serves as a check against the other. Since 2005, registrants have
also been permitted to issue orders for schedules I and II
controlled substances electronically, provided that the electronic
order is signed using a digital certificate issued by the DEA
Certification Authority. This electronic ordering system is called
the “Controlled Substances Ordering System,” or CSOS. The
regulations governing the creation, transmission, and storage of
electronic orders are contained in 21 CFR part 1311, subpart B.
.
The DEA is adjusting annual
responses, burden hours, and annual burden dollars to reflect
actual orders issued in calendar year 2015. The 2013 annual
responses of 152,609 was an error and should have been 5,751,635.
The increase in annual responses reflects adjustments related to
normal business activity. The increase in annual burden hours
refelects the increase in annual responses and an adjustment to
estimated burden per paper response, from 11 minutes to 15 minutes.
The 2013 annual burden dollars erroneously excluded labor burden
and should have been 68,070,345. The increase in annual burden
dollars reflects the increase in annual burden hours and an
estimated increase in burden dollar per hour. There are no
statutory or regulatory changes related to this information
collection.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.