69876 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

the benefits derived by the operation of 

the Order. 

The Committee’s meetings are widely 

publicized throughout the production 

area. The olive industry and all 

interested persons are invited to attend 

the meetings and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

December 13, 2022, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

views on this issue. In addition, 

interested persons were invited to 

submit comments on this rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178 Vegetable 

and Specialty Crops. No changes are 

necessary in those requirements as a 

result of this action. Should any changes 

become necessary, they will be 

submitted to OMB for approval. 

This final rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

California olive handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this action. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 16, 2023 (88 FR 39374). 

Copies of the proposed rule were also 

mailed or sent via email to California 

olive handlers. A copy of the proposed 

rule was made available through the 

internet by AMS via https://

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 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 932 as 

follows: 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 932 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2023, an 

assessment rate of $35.00 per ton is 

established for California olives. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–22332 Filed 10–6–23; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 956 

[Doc. No. AMS–SC–23–0006] 

Sweet Onions Grown in the Walla 

Walla Valley of Southeast Washington 

and Northeast Oregon; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Walla Walla 

Sweet Onion Marketing Committee 

(Committee) to increase the assessment 

rate established for the 2023 and 

subsequent fiscal periods. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: Dale 

Novotny, Marketing Specialist, or Gary 

Olson, Chief, West Region Branch, 

Market Development Division, Specialty 

Crops Program, AMS, USDA; 

Telephone: (503) 326–2724, or Email: 

DaleJ.Novotny@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

amends regulations issued to carry out 

a marketing order as defined in 7 CFR 

900.2(j). This rule is issued under 

Marketing Agreement and Order No. 

956, both as amended (7 CFR part 956), 

regulating the handling of sweet onions 

grown in the Walla Walla Valley of 

southeast Washington and northeast 

Oregon. Part 956 referred to as the 

‘‘Order’’ is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and is comprised of producers 

and handlers of Walla Walla sweet 

onions operating within the area of 

production, and a public member. 

The Agricultural Marketing Service 

(AMS) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct 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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

This rule has been reviewed under 

Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have Tribal implications. 


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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 69877 

AMS has determined that this rule is 

unlikely to 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. 

This rule has been reviewed under 

Executive Order 12988—Civil Justice 

Reform. Under the Order now in effect, 

Walla Walla sweet onion handlers are 

subject to assessments. Funds to 

administer the Order are derived from 

such assessments. It is intended that the 

assessment rate will be applicable to all 

assessable Walla Walla sweet onions for 

the 2023 fiscal period, and continue 

until amended, suspended, or 

terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with the USDA a petition stating that 

the order, any provision of the order, or 

any obligation imposed in connection 

with the order is not in accordance with 

law and request a modification of the 

order or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule increases the assessment 

rate for Walla Walla sweet onions 

handled under the Order from $0.15 per 

50-pound bag or equivalent, the rate that 

was established for the 2020 and 

subsequent fiscal periods, to $0.20 per 

50-pound bag or equivalent for the 2023 

and subsequent fiscal periods. 

The Order authorizes the Committee, 

with the approval of AMS, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the Committee are familiar with the 

Committee’s needs and with the costs of 

goods and services in their local area 

and are able to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed in a public meeting, and all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2020 and subsequent fiscal 

periods, the Committee recommended, 

and AMS approved, an assessment rate 

of $0.15 per 50-pound bag or equivalent 

of Walla Walla sweet onions. That rate 

continues in effect from fiscal period to 

fiscal period until modified, suspended, 

or terminated by AMS upon 

recommendation and information 

submitted by the Committee or other 

information available to AMS. 

The Committee met on December 5, 

2022, and unanimously recommended 

2023 fiscal period expenditures of 

$70,400 and an assessment rate of $0.20 

per 50-pound bag or equivalent of Walla 

Walla sweet onions handled for the 

2023 and subsequent fiscal periods. In 

comparison, last year’s budgeted 

expenditures were $85,270. The 

proposed assessment rate of $0.20 per 

50-pound bag or equivalent is $0.05 

higher than the rate currently in effect. 

The Committee recommended 

increasing the assessment rate to better 

fund operations using assessment 

revenue and reduce the reliance on 

reserve funds. The Committee has 

drawn down its financial reserve in 

recent years to cover Committee 

expenses and to reduce the reserve to 

not exceed approximately two fiscal 

periods’ budgeted expenses, in 

conformance with the Order (7 CFR 

956.44(a)). The Committee projects 

handler receipts of 262,500 50-pound 

bags or equivalent of assessable Walla 

Walla sweet onions for the 2023 fiscal 

period, which is 16,150 50-pound bags 

or equivalent more than was projected 

for the 2022 fiscal period. 

The major expenditures budgeted by 

the Committee for the 2023 fiscal period 

include $43,400 for administrative 

expenses, $17,000 for promotions, 

$5,000 for research, and $5,000 for 

Committee travel. Budgeted 

expenditures for the 2022 fiscal period 

were $43,400, $31,870, $5,000, and 

$4,000, respectively. 

Walla Walla sweet onions harvested 

in 2023 will be marketed mostly in the 

spring and summer of the 2023 fiscal 

period, which follows the calendar year. 

The expected 262,500 50-pound bags or 

equivalent of Walla Walla sweet onions 

from the 2023 crop will generate 

$52,500 in assessment revenue at the 

increased assessment rate (262,500 50- 

pound bags or equivalent of Walla Walla 

sweet onions multiplied by $0.20 

assessment rate). The remaining $17,900 

needed to cover budgeted expenditures 

will come from reserve funds carried 

over from previous fiscal periods. The 

2023 fiscal period assessment rate 

increase will be appropriate to ensure 

the Committee has sufficient revenue, 

along with its reserve, to fully fund its 

2023 fiscal period budgeted 

expenditures and maintain a level of 

reserve funds that the Committee 

believes is appropriate. 

The Committee derived the 

recommended assessment rate by 

considering anticipated fiscal period 

expenses, an estimated 2023 crop 

volume of 262,500 50-pound bags or 

equivalent of assessable Walla Walla 

sweet onions, and the amount of funds 

available in the authorized reserve. 

Income derived from handler 

assessments ($52,500) and funds from 

the Committee’s authorized reserve 

($17,900) will be adequate to cover 

budgeted expenses ($70,400). 

The assessment rate will continue in 

effect indefinitely unless modified, 

suspended, or terminated by AMS upon 

recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

AMS. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

AMS would evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken, as necessary. The 

Committee’s 2023 budget, and those for 

subsequent fiscal periods, will be 

reviewed and, as appropriate, approved 

by AMS. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this rule on 

small entities. Accordingly, AMS 

prepared this final regulatory flexibility 

analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 15 producers 

of Walla Walla sweet onions in the 

production area and 11 handlers subject 

to regulation under the Order. Small 

agricultural producers of Walla Walla 

sweet onions are defined by the Small 


ddrumheller on DSK120RN23PROD with RULES1
69878 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

Business Administration (SBA) as those 

having annual receipts of less than 

$3,750,000, and small agricultural 

service firms are defined as those whose 

annual receipts are less than 

$34,000,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

the average annual producer price 

received for dry and fresh market onions 

sold in Washington between 2018 and 

2021 ranged from $9.13 to $13.30 per 

hundredweight. The average over those 

years was approximately $10.88 per 

hundredweight, or $5.44 per 50-pound 

bag or equivalent. Total production of 

Walla Walla sweet onions for the 2022 

season was reported by the Committee 

to be 299,993 50-pound bags or 

equivalent. Using the average price from 

2018–2021, the most recent years for 

which there is NASS data, the total 2022 

crop value of Walla Walla sweet onions 

could therefore be estimated to be 

$1,631,962 (299,993 50-pound bags or 

equivalent multiplied by $5.44 per 50- 

pounds). Dividing the crop value by the 

estimated number of producers (15) 

yields an estimated average receipt per 

producer of $108,797, which is well 

below the SBA threshold for small 

producers. 

In addition, according to USDA 

Market News data, the reported average 

2021 terminal market price for Walla 

Walla sweet onions was $35 per 40- 

pound carton. Multiplying this figure by 

1.25 to adjust for a 50-pound bag or 

equivalent yields an average 2021 

terminal market price of $43.75 per 50- 

pound bag or equivalent. Multiplying 

the 2022 Walla Walla sweet onion 

production of 299,993 50-pound bags or 

equivalent by the estimated average 

price per 50-pound bag or equivalent of 

$43.75 equals $13,124,694. Dividing this 

figure by the 11 regulated handlers 

yields estimated average annual handler 

receipts of $1,193,154 ($13,124,694 

divided by 11 handlers), which is below 

the SBA threshold for small agricultural 

service firms. Therefore, using the above 

data, all of the producers and handlers 

of Walla Walla sweet onions may be 

classified as small entities. 

This final rule increases the 

assessment rate collected from handlers 

for the 2023 and subsequent fiscal 

periods from $0.15 to $0.20 per 50- 

pound bag or equivalent of Walla Walla 

sweet onions. The Committee 

unanimously recommended 2023 fiscal 

period expenditures of $70,400 and an 

assessment rate of $0.20 per 50-pound 

bag or equivalent of Walla Walla sweet 

onions. The assessment rate of $0.20 is 

$.05 higher than the current rate. The 

Committee expects the industry to 

handle 262,500 50-pound bags or 

equivalent of Walla Walla sweet onions 

during the 2023 fiscal period. Thus, the 

$0.20 per 50-pound bag or equivalent 

rate will provide $52,500 in assessment 

income (262,500 50-pound bags or 

equivalent multiplied by $0.20). The 

Committee also expects to use $17,900 

from its financial reserve to cover 

remaining expenses. Income derived 

from handler assessments, along with 

reserve funds, will be adequate to meet 

budgeted expenditures for the 2023 

fiscal period. 

The major expenditures budgeted by 

the Committee for the 2023 fiscal period 

include $43,400 for administrative 

expenses, $17,000 for promotions, 

$5,000 for research, and $5,000 for 

Committee travel. Budgeted 

expenditures for the 2022 fiscal period 

were $43,400, $31,870, $5,000 and 

$4,000, respectively. 

In recent years, the Committee has 

utilized reserve funds to partially fund 

its budgeted expenditures. The 

Committee recommended increasing the 

assessment rate to better fund 2023 

fiscal period budgeted expenditures and 

refrain from excessively drawing down 

the funds held in its reserve. This action 

will maintain the Committee’s reserve 

balance at a level that the Committee 

believes is appropriate and is compliant 

with the provisions of the Order. 

Prior to arriving at this budget and the 

current assessment rate, the Committee 

discussed various alternatives, 

including maintaining the current 

assessment rate of $0.15 per 50-pound 

bag or equivalent and increasing the 

assessment rate by different amounts. 

The Committee determined that the 

recommended increased assessment rate 

will be able to fund most of the 

budgeted expenses and avoid drawing 

down reserves at an unsustainable rate. 

The assessment rate of $0.20 per 50- 

pound bag or equivalent of Walla Walla 

sweet onions was derived by 

considering anticipated expenses, the 

projected volume of assessable Walla 

Walla sweet onions, the projected 

monetary balance held in reserve, and 

additional pertinent factors. 

A review of NASS information 

indicates that the average producer 

price for the 2018–21 fiscal period was 

$5.44 per 50-pound bag or equivalent. 

Further, the Committee reported the 

quantity of assessable Walla Walla 

sweet onions harvested in the 2022 

fiscal period was 299,993 50-pound bags 

or equivalent, which yields estimated 

total producer revenue for 2022 of 

$1,631,962 ($5.44 per 50-pound bag or 

equivalent multiplied by 299,993). 

Therefore, utilizing the assessment rate 

of $0.20 per 50-pound bag or equivalent, 

assessment revenue for the 2022 fiscal 

period, as a percentage of total producer 

revenue, will be approximately 3.68 

percent ($0.20 multiplied by 299,993 

per 50-pound bags or equivalent divided 

by $1,631,962 and multiplied by 100). 

This action increases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

these costs are expected to be offset by 

the benefits derived by the operation of 

the Order. 

The Committee’s meetings are widely 

publicized throughout the production 

area. The Walla Walla sweet onion 

industry and all interested persons are 

invited to attend the meetings and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the December 5, 2022, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. Finally, 

interested persons were invited to 

submit comments on this rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements will be 

necessary as a result of this rule. Should 

any changes become necessary, they 

would be submitted to OMB for 

approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Walla Walla sweet onion handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 16, 2023 (88 FR 39377). 

Copies of the proposed rule were also 

mailed or sent via email to all Walla 

Walla sweet onion handlers. A copy of 

the proposed rule was made available 

through the internet by AMS via https:// 


ddrumheller on DSK120RN23PROD with RULES1
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 


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