Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 69879 

1William T. McDermott, DEA Dear Registrant 

letter, Drug Enforcement Administration (March 25, 

Continued 

www.regulations.gov. A 30-day 

comment period ending July 17, 2023, 

was provided for interested persons to 

respond to the proposal. No comments 

were received. Accordingly, no changes 

have been made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendations 

submitted by the Committee and other 

available information, AMS has 

determined that this rule tends to 

effectuate the declared policy of the Act. 

List of Subjects in 7 CFR Part 956 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 956 as 

follows: 

PART 956—SWEET ONIONS GROWN 

IN THE WALLA WALLA VALLEY OF 

SOUTHEAST WASHINGTON AND 

NORTHEAST OREGON 

■ 1. The authority citation for 7 CFR 

part 956 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise § 956.202 to read as follows: 

§ 956.202 Assessment rate. 

On and after January 1, 2023, an 

assessment rate of $0.20 per 50-pound 

bag or equivalent is established for 

Walla Walla sweet onions. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–22331 Filed 10–6–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1307 

[Docket No. DEA–407] 

RIN 1117–AB40 and 1117–AB78 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 12 

Second Temporary Extension of 

COVID–19 Telemedicine Flexibilities 

for Prescription of Controlled 

Medications 

AGENCY: Drug Enforcement 

Administration, Department of Justice; 

Substance Abuse and Mental Health 

Services Administration, Department of 

Health and Human Services. 

ACTION: Temporary rule. 

SUMMARY: On March 1, 2023 the Drug 

Enforcement Administration (DEA), in 

concert with the Department of Health 

and Human Services (HHS), 

promulgated two notices of proposed 

rulemakings (NPRMs) soliciting 

comments on proposals to allow for 

prescribing of controlled medications 

pursuant to the practice of telemedicine 

in instances where the prescribing 

practitioner has never conducted an inperson medical evaluation of the 

patient. On May 10, 2023, following 

initial review of the comments received, 

DEA, jointly with HHS, issued a 

temporary rule (First Temporary Rule) 

extending certain exceptions granted to 

existing DEA regulations in March 2020 

as a result of the COVID–19 Public 

Health Emergency (COVID–19 PHE). 

These exceptions were granted in order 

to avoid lapses in care for patients. In 

particular, with respect to practitionerpatient relationships formed after the 

May 11, 2023, expiration of the COVID– 

19 PHE, the First Temporary Rule 

extended the temporary exceptions until 

November 11, 2023. In this second 

temporary rule, as DEA and HHS 

continue to consider revisions to the 

proposed rules set forth in the March 1, 

2023 NPRMs and in light of 

Telemedicine Listening Sessions that 

DEA hosted on September 12 and 13, 

2023, DEA and HHS are further 

extending such exceptions to existing 

DEA regulations for new practitionerpatient relationships through December 

31, 2024. 

DATES: As of November 11, 2023, the 

end of the effective period for the 

temporary rule published at 88 FR 

30037 on May 10, 2023, is extended 

from November 11, 2024, to December 

31, 2024. This rule is effective 

November 11, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Scott A. Brinks, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, VA 

22152, Telephone: (571) 776–3882. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Overview 

Under the Ryan Haight Online 

Pharmacy Consumer Protection Act of 

2008 (the Ryan Haight Act), a 

prescribing practitioner—subject to 

certain exceptions—may prescribe 

controlled medications to a patient only 

after conducting an in-person evaluation 

of that patient. In response to the 

COVID–19 Public Health Emergency 

(COVID–19 PHE), as declared by the 

Secretary (the Secretary) of the 

Department of Health and Human 

Services (HHS) on January 31, 2020, 

pursuant to the authority under section 

319 of the Public Health Service Act (42 

U.S.C. 247), the Drug Enforcement 

Administration (DEA) granted 

temporary exceptions to the Ryan 

Haight Act and DEA’s implementing 

regulations under 21 U.S.C. 802(54)(D). 

In order to prevent lapses in care, 

these exceptions allowed for the 

prescribing of controlled medications 

via telemedicine encounters even when 

the prescribing practitioner had not 

conducted an in-person medical 

evaluation of the patient. These 

telemedicine flexibilities authorized 

practitioners to prescribe schedule II–V 

controlled medications via audio-video 

telemedicine encounters, including 

schedule III–V narcotic controlled 

medications approved by the Food and 

Drug Administration (FDA) for 

maintenance and withdrawal 

management treatment of opioid use 

disorder via audio-only telemedicine 

encounters, provided that such 

prescriptions otherwise comply with the 

requirements outlined in DEA guidance 

documents, DEA regulations, and 

applicable Federal and State law. DEA 

granted those temporary exceptions to 

the Ryan Haight Act and DEA’s 

implementing regulations via two letters 

published in March 2020: 

• A March 25, 2020 ‘‘Dear Registrant’’ 

letter signed by William T. McDermott, 

DEA’s then-Assistant Administrator, 

Diversion Control Division (the 

McDermott Letter); 1 and 


ddrumheller on DSK120RN23PROD with RULES1
69880 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

2020), https://www.deadiversion.usdoj.gov/GDP/ 

(DEA-DC-018)(DEA067)%20DEA%20state

%20reciprocity%20(final)(Signed).pdf. 

2Thomas W. Prevoznik, DEA Dear Registrant 

letter, Drug Enforcement Administration (March 31, 

2020), https://www.deadiversion.usdoj.gov/GDP/ 

(DEA-DC-022)(DEA068)%20DEA%20SAMHSA%

20buprenorphine%20telemedicine%20%20(Final)

%20+Esign.pdf. 

3 88 FR 12875 (Mar. 1, 2023). 

4 88 FR 12890 (Mar. 1, 2023). 

5Temporary Extension of COVID–19 

Telemedicine Flexibilities for Prescription of 

Controlled Medications, 88 FR 30037 (May 10, 

2023). 

6 21 U.S.C. 829(e). 

7 21 U.S.C. 802(54)(A)–(G). The Attorney General 

has delegated his rulemaking authority under this 

provision to the Administrator of DEA via 28 CFR 

0.100. The Secretary delegated his rulemaking 

authority under 21 U.S.C. 802(54)(G) to the 

Assistant Secretary for Mental Health and 

Substance Use within the Substance Abuse and 

Mental Health Services Administration on May 4, 

2023. 

8 21 U.S.C. 802(54)(G). 

• A March 31, 2020 ‘‘Dear Registrant’’ 

letter signed by Thomas W. Prevoznik, 

DEA’s then-Deputy Assistant 

Administrator, Diversion Control 

Division (the Prevoznik Letter).2

On March 1, 2023, DEA, in concert 

with HHS, promulgated two notices of 

proposed rulemaking (NPRMs) in the 

Federal Register—‘‘Telemedicine 

Prescribing of Controlled Substances 

When the Practitioner and the Patient 

Have Not Had a Prior In-Person Medical 

Evaluation’’ 3 (the General Telemedicine 

Rule) and ‘‘Expansion of Induction of 

Buprenorphine via Telemedicine 

Encounter’’ 4 (the Buprenorphine 

Rule)—which proposed to expand 

patient access to prescriptions for 

controlled medications via telemedicine 

encounters relative to the pre-COVID–19 

PHE landscape. The purpose of the two 

proposed rules was to make permanent 

some of the telemedicine flexibilities 

established during the COVID–19 PHE 

in order to facilitate patient access to 

controlled medications via telemedicine 

when consistent with public health and 

safety, while maintaining effective 

controls against diversion. The 

comment period for these two NPRMs 

closed on March 31, 2023. Those 

NPRMs generated a total of 38,369 

public comments—35,454 comments on 

the General Telemedicine Rule and 

2,915 comments on the Buprenorphine 

Rule. 

On May 10, 2023 DEA, jointly with 

HHS (with the Substance Abuse and 

Mental Health Services Administration 

(SAMHSA) acting on behalf of HHS), 

issued the First Temporary Rule, which 

extended the full set of telemedicine 

flexibilities regarding the prescribing of 

controlled medications, as had been in 

place under the COVID–19 PHE, 

through November 11, 2023.5 The First 

Temporary Rule also provided a oneyear grace period, through November 

11, 2024, to any practitioner-patient 

telemedicine relationships that have 

been or will be established on or before 

November 11, 2023. In other words, 

under the First Temporary Rule, if a 

patient and a practitioner have 

established a telemedicine relationship 

on or before November 11, 2023, the 

same telemedicine flexibilities that have 

governed the relationship to that point 

would continue to apply through 

November 11, 2024. 

On August 7, 2023, DEA announced 

that it would host Telemedicine 

Listening Sessions on September 12 and 

13, 2023 to receive additional input 

concerning the practice of telemedicine 

with regards to prescribing controlled 

medications and potential safeguards 

that could effectively prevent and detect 

diversion of controlled substances 

prescribed via telemedicine. DEA is 

carefully evaluating the information and 

perspectives presented at the 

Telemedicine Listening Sessions, as 

well as the comments received in 

response to the NPRMs, as DEA and 

HHS develop regulations providing 

access to the practice of telemedicine 

when consistent with public health and 

safety, and that also effectively mitigate 

the risk of possible diversion. 

In light of the need to further evaluate 

the best course of action given the 

comments received in response to the 

NPRMs and the presentations at the 

Telemedicine Listening Sessions, DEA, 

jointly with HHS, is issuing this second 

temporary rule (‘‘Second Temporary 

Rule’’) extending the full set of 

telemedicine flexibilities regarding 

prescription of controlled medications 

as were in place during the COVID–19 

PHE, through December 31, 2024. This 

extension authorizes all DEA-registered 

practitioners to prescribe schedule II–V 

controlled medications via telemedicine 

through December 31, 2024, whether or 

not the patient and practitioner 

established a telemedicine relationship 

on or before November 11, 2023. In 

other words, the grace period provided 

in the First Temporary Rule is 

effectively subsumed by this Second 

Temporary Rule, which continues the 

extension of the current flexibilities for 

all practitioner-patient relationships— 

not just those established on or before 

November 11, 2023—until the end of 

2024. 

The purpose of this Second 

Temporary Rule, like the one before it, 

is to ensure a smooth transition for 

patients and practitioners that have 

come to rely on the availability of 

telemedicine for controlled medication 

prescriptions, as well as allowing 

adequate time for providers to come into 

compliance with any new standards or 

safeguards. DEA is working to 

promulgate new standards or safeguards 

by the fall of 2024. 

II. Legal Authority 

The Ryan Haight Act amended the 

Controlled Substances Act (CSA) to 

generally require that the dispensing of 

controlled medications by means of the 

internet be predicated on a valid 

prescription involving at least one inperson medical evaluation.6 At the same 

time, it also established excepted 

categories of telemedicine pursuant to 

which a practitioner may prescribe 

controlled medications for a patient 

despite never having evaluated that 

patient in person, provided that, among 

other things, such practice is in 

accordance with applicable Federal and 

State laws.7

One of these categories authorizes the 

Attorney General and the Secretary to 

jointly promulgate rules that would 

allow practitioners to prescribe 

medications for patients via 

telemedicine without having had an inperson evaluation when such 

telemedicine practice is in accordance 

with applicable Federal and State laws, 

uses an approved telecommunications 

system, and is ‘‘conducted under . . . 

circumstances that the[y have] . . . 

determined to be consistent with 

effective controls against diversion and 

otherwise consistent with the public 

health and safety.’’ 8

Pursuant to this authority, DEA, 

jointly with HHS, is hereby 

promulgating this Second Temporary 

Rule specifying certain circumstances 

under which practitioners may 

prescribe controlled medications, for the 

time period described above, to patients 

whom the practitioner has never 

evaluated in person. This Second 

Temporary Rule, like the First 

Temporary Rule, covers the portions of 

the NPRM related to extensions of the 

telemedicine flexibilities in place 

during the COVID–19 PHE, and it 

extends, through December 31, 2024, 

the telemedicine flexibilities that have 

been in place since March 2020 for 

prescribing controlled medications via 

the practice of telemedicine. 

As noted previously, DEA and/or 

HHS anticipate implementing a final set 

of regulations providing access to the 

practice of telemedicine when 

consistent with public health and safety, 

and that also effectively mitigate the risk 

of possible diversion. However, given 

the impending expiration of the 

flexibilities provided in the First 

Temporary Rule and the additional 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 69881 

9 5 U.S.C. 553(b)(B). 10 88 FR 30037, 30039–30041 (May 10, 2023). 

consideration of the input received 

during the Telemedicine Listening 

Sessions, DEA, jointly with HHS, has 

elected to again extend those 

flexibilities to maintain access to care 

during a limited window of time as they 

consider the appropriate pathway 

forward. 

As explained further below, because 

this is an extension of limited duration 

of flexibilities that existed during the 

COVID–19 PHE, and because there are 

legitimate concerns regarding patient 

access to care following the expiration 

the practitioner-patient relationship 

aspect of the First Temporary Rule on 

November 11, 2023, DEA and HHS have 

determined that this Second Temporary 

Rule is consistent ‘‘with effective 

controls against diversion and otherwise 

consistent with the public health and 

safety’’ as required under 21 U.S.C. 

802(54)(G). DEA, jointly with HHS, is 

promulgating this temporary rule 

pursuant to 21 U.S.C. 802(54)(G). 

HHS also has advised DEA that no 

additional rulemaking by HHS is 

necessary as it pertains to the 

promulgation of these provisions 

pursuant to 21 U.S.C. 802(54)(G). 

III. Purpose and Need for Regulatory 

Changes 

The purpose of this rulemaking is to 

further extend, for a limited period of 

time, the telemedicine flexibilities that 

existed during the COVID–19 PHE in 

order to: 

• Prevent a reduction in access to 

care for patients who do not yet have an 

existing telemedicine relationship with 

their practitioners pending 

promulgation of a final rule or rules 

addressing telemedicine more generally. 

• For relationships established both 

during the COVID–19 PHE and those 

established shortly after, prevent 

backlogs with respect to in-person 

medical evaluations in the months 

shortly before and after the expiration of 

the telemedicine flexibilities and ensure 

the availability of telemedicine for 

practitioners and patients who have 

come to rely on it; 

• Address the urgent public health 

need for continued access to the 

initiation of buprenorphine as 

medication for opioid use disorder in 

the context of the continuing opioid 

public health crisis; 

• Allow patients, practitioners, 

pharmacists, service providers, and 

other stakeholders sufficient time to 

prepare for the implementation of any 

future regulations that apply to 

prescribing of controlled medications 

via telemedicine; 

• Enable DEA and potentially HHS to 

thoroughly consider the presentations 

made at the Telemedicine Listening 

Sessions; 

• Enable DEA, jointly with HHS, to 

conduct a thorough evaluation of 

regulatory alternatives in order to 

promulgate regulations that most 

effectively expand access to 

telemedicine encounters in a manner 

that is consistent with public health and 

safety, while also effectively mitigating 

against the risk of possible diversion; 

and 

• Avoid incentivizing the investment 

necessary to develop new telemedicine 

companies that might encourage or 

enable problematic prescribing practices 

by limiting the second extension of 

flexibilities to a short, time-limited 

period. 

IV. Summary of Second Temporary 

Rule Changes 

This Second Temporary Rule amends 

portions of 21 CFR 1307.41 and 42 CFR 

12.1 through December 31, 2024. 

Paragraph (a) is amended to state that 

the authorization granted in the 

amended paragraph (c) expires at the 

end of December 31, 2024, instead of 

November 11, 2023. 

Paragraph (c) is amended to extend 

the COVID–19 telemedicine prescribing 

flexibilities from May 12, 2023 through 

December 31, 2024, provided all of the 

conditions listed in paragraph (e) are 

met. 

V. Regulatory Analyses 

Administrative Procedure Act 

DEA and HHS are issuing this rule 

without prior notice and an opportunity 

to comment pursuant to the 

Administrative Procedure Act’s (APA’s) 

‘‘good cause’’ exception. In certain 

circumstances, agencies may forgo 

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.’’ 9

As discussed earlier, DEA, jointly 

with HHS, is publishing this second 

temporary extension of certain 

exceptions granted to existing DEA 

regulations in March 2020 as a result of 

the COVID–19 PHE in order to prevent 

a reductionin access to care for patients 

that do not yet have an existing 

telemedicine relationship with their 

practitioners pending promulgation of a 

final rule or rules addressing 

telemedicine more generally. It would 

be impracticable for DEA and HHS to 

publish a notice of proposed 

rulemaking; await, review, and respond 

to new comments; and issue a rule in 

the time remaining before the first 

extension expires on November 11, 

2023. Further, the reduction in access to 

care that patients would experience if 

the existing telemedicine flexibilities 

ended on November 11, 2023 would be 

contrary to the public interest, as it 

could lead to potential patient harm— 

due to an inability to access appropriate 

care—in some instances. 

As noted above, earlier this year DEA 

received 38,369 comments on two 

proposed rules regarding the flexibilities 

to be extended by this rule. DEA 

considered those comments in 

publishing the First Temporary Rule.10

Moreover, any final rule or rules that 

DEA and/or HHS promulgate addressing 

telemedicine more generally would 

reflect viewpoints and information from 

comments received in response to the 

proposed rules, the Telemedicine 

Listening Sessions, and any further 

comments that may be collected during 

additional rounds of public comment. 

Because the public has so recently had 

the opportunity to comment on these 

flexibilities and because DEA and HHS 

continue to consider information that 

was provided in those comments and 

that may be provided in the near future 

before issuing a final set of regulations, 

further opportunity for public comment 

on these flexibilities at this time would 

serve little, if any, purpose. 

For these reasons, each of which 

individually constitutes good cause, 

DEA, jointly with HHS, finds that notice 

and public comment on this rule are 

impracticable, unnecessary, and 

contrary to the public interest. 

Executive Orders 12866 (Regulatory 

Planning and Review), 13563 

(Improving Regulation and Regulatory 

Review), and 14094 (Modernizing 

Regulatory Review) 

This Second Temporary Rule was 

developed in accordance with the 

principles of Executive Orders (E.O.) 

12866, as amended by E.O. 14094 and 

E.O. 13563. E.O. 12866 directs agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health, 

and safety effects; distributive impacts; 

and equity). E.O. 13563 is supplemental 

to and reaffirms the principles, 

structures, and definitions governing 

regulatory review established in E.O. 

12866. 


ddrumheller on DSK120RN23PROD with RULES1
69882 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

11 5 U.S.C. 804(2). 

The economic, interagency, 

budgetary, legal, and policy 

implications of this proposed rule have 

been examined, and DEA has 

determined that it is a significant 

regulatory action under E.O. 12866, but 

not a Section 3(f)(1) significant 

regulatory action. Accordingly, this rule 

has been submitted to the Office of 

Management and Budget (OMB) for 

review. 

DEA, jointly with HHS, is publishing 

this Second Temporary Rule to further 

extend certain exceptions DEA granted 

to its existing regulations in March 2020 

as a result of the COVID–19 PHE in 

order to avoid a lapse of care for 

patients. The additional extension until 

December 31, 2024, of the COVID–19 

flexibilities is necessary to thoroughly 

consider the presentations made at the 

Telemedicine Listening Sessions, as 

well as the comments made to the 

proposed rules set forth in the NPRMs. 

Without this Second Temporary Rule, 

COVID–19 PHE telemedicine 

flexibilities are scheduled to expire on 

November 11, 2023, with respect to 

practitioner-patient relationships 

established after that date. This rule 

extends the expiration of those 

flexibilities for new practitioner-patient 

relationships through December 31, 

2024. Because this rule does not create 

or remove any regulatory requirements, 

DEA and HHS estimate that there is no 

cost associated with this Second 

Temporary Rule. However, DEA and 

HHS believe this extension creates a 

benefit in form of cost savings to 

prescribers and patients and reduced 

transfer payments to the Federal 

Government, similar to those described 

in the General Telemedicine Rule. 

However, due to the nature of this 

rule, differing policies between the 

flexibilities being extended with this 

Second Temporary Rule and the 

flexibilities still proposed in the General 

Telemedicine Rule, and any additional 

policy that may be addressed in one or 

more final rules, DEA is unable to 

quantify the cost savings and reduction 

in transfer payments. 

Executive Order 12988, Civil Justice 

Reform 

The Second Temporary Rule meets 

the applicable standards set forth in 

sections 3(a) and 3(b)(2) of E.O. 12988, 

Civil Justice Reform, to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

Executive Order 13132, Federalism 

This Second Temporary Rule does not 

have federalism implications warranting 

the application of E.O. 13132. The rule 

does not have substantial direct effects 

on the states, on the relationship 

between the National Government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This Second Temporary Rule does not 

have substantial direct effects on the 

Tribes, on the relationship between the 

National Government and the Tribes, or 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Regulatory Flexibility Act 

The Administrator, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 601–612) (RFA), has reviewed 

this Second Temporary Rule and by 

approving it certifies that it will not 

have a significant economic impact on 

a substantial number of small entities. 

This Second Temporary Rule, as 

discussed above, merely extends for a 

limited time the status quo with respect 

to the current flexibilities allowed 

during the COVID–19 PHE, in order to 

avoid lapses in coverage for patients. 

Without this Second Temporary Rule, 

COVID–19 PHE telemedicine 

flexibilities would expire on November 

11, 2023, with respect to practitionerpatient relationships established after 

that date. While this Second Temporary 

Rule does not create or remove any 

regulatory requirements, this Second 

Temporary Rule extends the expiration 

of those flexibilities through December 

31, 2024. DEA and HHS believe this 

extension create a benefit in form of cost 

savings to prescribers and patients and 

reduced transfer payments to the 

Federal Government. 

In accordance with the RFA, DEA will 

be evaluating the impact on small 

entities at the time the final rule or rules 

are issued as part of these rulemakings. 

Paperwork Reduction Act of 1995 

This temporary rule will 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). Also, this temporary 

rule does not impose recordkeeping or 

reporting requirements on State or local 

governments, individuals, businesses, or 

other 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 valid 

OMB control number. 

Congressional Review Act 

This temporary rule is not a major 

rule as defined by Subtitle E of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act or CRA).11

However, pursuant to the CRA, DEA is 

submitting a copy of this temporary rule 

to both Houses of Congress and to the 

Comptroller General. 

Signing Authority 

This document of the Drug 

Enforcement Administration and the 

Department of Health and Human 

Services was signed on October 4, 2023, 

by DEA Administrator Anne Milgram. 

Those documents with the original 

signatures and dates 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. 

List of Subjects 

21 CFR Part 1307 

Administrative practice and 

procedure, Drug traffic control, 

Prescription drugs. 

42 CFR Part 12 

Administrative practice and 

procedure, Drug traffic control, 

Prescription drugs. 

21 CFR Chapter II 

For the reasons set out above, the 

Drug Enforcement Administration 

amends 21 CFR part 1307 as follows: 

PART 1307—MISCELLANEOUS 

■ 1. The authority citation for part 1307 

continues to read as follows: 

Authority: 21 U.S.C. 821, 822(d), 871(b), 

unless otherwise noted. 

■ 2. Amend § 1307.41 by revising 

paragraphs (a) and (c) to read as follows: 

§ 1307.41 Temporary extension of certain 

COVID–19 telemedicine flexibilities for 

prescription of controlled medications. 

(a) This section is in effect until the 

end of the day December 31, 2024. The 

authorization granted in paragraph (c) of 

this section expires at the end of 

December 31, 2024. 

* * * * * 

(c) During the period May 12, 2023, 

through December 31, 2024, a DEAVerDate Sep<11>2014 16:24 Oct 06, 2023 Jkt 262001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10OCR1.SGM 10OCR1

ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 69883 

registered practitioner is authorized to 

prescribe schedule II–V controlled 

substances via telemedicine, as defined 

in 21 CFR 1300.04(i), to a patient 

without having conducted an in-person 

medical evaluation of the patient if all 

of the conditions listed in paragraph (e) 

of this section are met. 

* * * * * 

42 CFR Chapter I 

For the reasons set out above, the 

Department of Health and Human 

Services amends 42 CFR part 12 as 

follows: 

PART 12—TELEMEDICINE 

FLEXIBILITIES 

■ 3. The authority citation for part 12 

continues to read as follows: 

Authority: 21 U.S.C. 802(54)(G). 

■ 4. Amend § 12.1 by revising the 

section heading and paragraphs (a) and 

(c) to read as follows: 

§ 12.1 Temporary extension of certain 

COVID–19 telemedicine flexibilities for 

prescription of controlled medications. 

(a) This section is in effect until the 

end of the day December 31, 2024. The 

authorization granted in paragraph (c) of 

this section expires at the end of 

December 31, 2024. 

* * * * * 

(c) During the period May 12, 2023, 

through December 31, 2024, a Drug 

Enforcement Administration (DEA)- 

registered practitioner is authorized to 

prescribe schedule II–V controlled 

substances via telemedicine, as defined 

in 21 CFR 1300.04(i), to a patient 

without having conducted an in-person 

medical evaluation of the patient if all 

of the conditions listed in paragraph (e) 

of this section are met. 

* * * * * 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

Miriam E. Delphin-Rittmon, 

Assistant Secretary for Mental Health and 

Substance Use, Department of Health and 

Human Services, and Administrator, 

Substance Abuse and Mental Health Services 

Administration. 

[FR Doc. 2023–22406 Filed 10–6–23; 8:45 am] 

BILLING CODE 4410–09–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 8 

[CG Docket No. 22–2; FCC 22–86; DA 23– 

617; FCC 23–68; FR ID 175318] 

Empowering Broadband Consumers 

Through Transparency 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

compliance dates. 

SUMMARY: In this document, the 

Commission announces the compliance 

dates for the rules implementing the 

Infrastructure Investment and Jobs Act 

per the Broadband Label Order. The 

rules require broadband internet access 

service providers (providers) to display, 

at the point of sale, labels that disclose 

certain information about broadband 

prices, introductory rates, data 

allowances, and broadband speeds, and 

to include links to information about 

their network management practices, 

privacy policies, and the Commission’s 

Affordable Connectivity Program. 

DATES: 

Effective date: October 10, 2023. 

Compliance dates: Compliance with 

47 CFR 8.1(a)(1), (a)(2), (a)(4) through 

(a)(6), published at 87 FR 76959 

(December 16, 2022) and amended at 88 

FR 52043 (August 7, 2023) and 88 FR 

63853 (September 18, 2023), for 

providers with 100,000 or fewer 

subscriber lines is required as of 

October 10, 2024 and for all other 

providers is required as of April 10, 

2024, except that compliance with the 

requirement in 47 CFR 8.1(a)(2) to make 

labels accessible in online account 

portals will not be required for all 

providers until October 10, 2024. 

Compliance with 47 CFR 8.1(a)(3) is 

required for all providers as of October 

10, 2024. The Commission will publish 

a document in the Federal Register 

revising 47 CFR 8.1 to incorporate these 

compliance dates. 

FOR FURTHER INFORMATION CONTACT: 

Erica H. McMahon of the Consumer and 

Governmental Affairs Bureau, Consumer 

Policy Division, at (202) 418–0346 or 

Erica.McMahon@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that the Office of 

Management and Budget approved the 

information collection requirements in 

§§ 8.1(a)(1) through (a)(6) and (b) on 

September 19, 2023. The Commission 

publishes this document as an 

announcement of the compliance dates 

of the rules. In an Order on 

Reconsideration published at 88 FR 

63853 (September 18, 2023), the 

Commission affirmed its determinations 

that providers must itemize monthly 

discretionary fees on the label and state 

how much data is provided with the 

service plan, as outlined by the label 

template. It also clarified that the 

requirement to document interactions 

with consumers at alternate sales 

channels will be deemed satisfied if, 

instead, the provider establishes the 

business practices and processes it will 

follow in distributing the label through 

alternative sales channels; retains 

training materials and related business 

practice documentation for two years; 

and provides such information to the 

Commission upon request, within 30 

days. The Commission also determined 

that wireless providers have the 

flexibility to state ‘‘taxes included’’ or 

add similar language to the label 

template when the provider has chosen 

to include taxes as part of its base price. 

In addition, the Commission affirmed its 

determination in the Broadband Label 

Order that ‘‘enterprise service offerings 

or special access services are not ‘massmarket retail services,’ and therefore, 

not covered by our label requirement.’’ 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2023–21682 Filed 10–5–23; 4:15 pm] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1801, 1819, and 1852 

RIN 2700–AE65 

NASA Federal Acquisition Regulation 

Supplement: NASA Mentor-Prote ́ge ́

Program 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Final rule. 

SUMMARY: NASA is finalizing 

amendments to the NASA Federal 

Acquisition Regulation Supplement 

(NFS)to reflect updates to NASA’s Small 

Business Mentor Prote ́ge ́ Program 

(MPP). 

DATES: Effective November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: R. 

Todd Lacks, NASA HQ, Office of 


ddrumheller on DSK120RN23PROD with RULES1