91252 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 

1Private Fund Advisers; Documentation of 

Registered Investment Adviser Compliance Reviews, 

Release No. IA–6383 (Aug. 23, 2023) [88 FR 63206 

(Sept. 14, 2023)]. 

2National Association of Private Fund Managers 

v. SEC, No. 23–60471 (5th Cir. 2024). 

3 5 U.S.C. 553(b)(B). 

All filers using the portal should use 

the name of the person or entity 

submitting the comments as the name of 

their files, in accordance with the 

instructions below. Anyone submitting 

business confidential information 

should clearly identify the business 

confidential portion at the time of 

submission, file a statement justifying 

nondisclosure and referring to the 

specific legal authority claimed, and 

provide a non-confidential version of 

the submission. For comments 

submitted electronically containing 

business confidential information, the 

file name of the business confidential 

version should begin with the characters 

‘‘BC.’’ Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 

with the character ‘‘P.’’ Any 

submissions with file names that do not 

begin with either a ‘‘BC’’ or a ‘‘P’’ will 

be assumed to be public and will be 

made publicly available at: https://

www.regulations.gov. Commenters 

submitting business confidential 

information are encouraged to scan a 

hard copy of the non-confidential 

version to create an image of the file, 

rather than submitting a digital copy 

with redactions applied, to avoid 

inadvertent redaction errors which 

could enable the public to read business 

confidential information. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Joseph A. 

Cristofaro, Director, Sensors, Aerospace 

and Marine Division, Office of National 

Security Controls, Bureau of Industry 

and Security, U.S. Department of 

Commerce, at 202–482–2440 or by 

email: Joseph.Cristofaro@bis.doc.gov. 

For general questions, contact 

Regulatory Policy Division, Office of 

Exporter Services, Bureau of Industry 

and Security, U.S. Department of 

Commerce at 202–482–2440 or by email: 

RPD2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 23, 2024, BIS published 

in the Federal Register the interim final 

rule, ‘‘Export Administration 

Regulations: Revisions to Space-Related 

Export Controls’’ (RIN 0694–AJ87) (89 

FR 84770), which makes changes to 

controls for spacecraft and related items 

under the Export Administration 

Regulations (EAR). This IFR reduces 

license requirements on less sensitive 

items to reflect the close relations with 

certain countries to better facilitate 

space collaboration and makes 

refinements and clarifications to 

existing controls. These changes will 

better enable a globally competitive U.S. 

space industrial base while continuing 

to protect U.S. national security and 

foreign policy interests. 

In response to requests from the 

regulated community, the Department of 

Commerce is extending the comment 

period for this rule (RIN 0694–AJ87) by 

30 days. 

Matthew S. Borman, 

Principal Deputy Assistant Secretary for 

Strategic Trade and Technology Security. 

[FR Doc. 2024–26886 Filed 11–15–24; 4:15 pm] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 275 

[Release No. IA–6773; File No. S7–03–22] 

Private Fund Advisers; Documentation 

of Registered Investment Adviser 

Compliance Reviews 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

adopting technical amendments to 

various rules under the Investment 

Advisers Act of 1940 (‘‘Advisers Act’’) 

to reflect a Federal court’s vacatur of 

new rules and rule amendments that the 

Commission adopted on August 23, 

2023. The Commission adopted new 

rules designed to protect investors who 

directly or indirectly invest in private 

funds, corresponding amendments to 

the Advisers Act books and records rule 

to facilitate compliance with the new 

rules and assist examination staff, and 

additional amendments to the Advisers 

Act compliance rule to better enable 

staff to conduct examinations (together, 

the ‘‘Private Fund Adviser Rules’’). The 

court’s vacatur of the Private Fund 

Adviser Rules was effective as of June 

5, 2024, and had the legal effect of: 

vacating the new rules and the 

reservation of a rule number in the Code 

of Federal Regulations (‘‘CFR’’); as well 

as vacating the amendments to the 

existing books and records and 

compliance rules such that those 

vacated amendments are no longer in 

effect. These technical amendments 

revise the CFR to reflect the court’s 

vacatur of the Private Fund Adviser 

Rules. 

DATES: Effective November 19, 2024; 

however, the Federal court issued its 

vacatur of the rule amendments June 5, 

2024. 

FOR FURTHER INFORMATION CONTACT: John 

Cavanagh, Senior Counsel; Robert 

Holowka, Branch Chief; Jennifer Porter, 

Assistant Director, Investment Adviser 

Regulation Office, Division of 

Investment Management at (202) 551– 

6787 or IMOCC@sec.gov; U.S. Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting technical 

amendments to the following rules: 17 

CFR 275.206(4)–9, 17 CFR 275.206(4)– 

10, 17 CFR 275.211(h)(1)–1, 17 CFR 

275.211(h)(1)-2, 17 CFR 275.211(h)(2)–1, 

17 CFR 275.211(h)(2)–2, 17 CFR 

275.211(h)(2)–3, 17 CFR 275.204–2, and 

17 CFR 275.206(4)–7 under the Advisers 

Act. 

I. Background 

On August 23, 2023, the Commission 

adopted the Private Fund Adviser Rules, 

which, through its constituent parts, 

would have protected investors who 

directly or indirectly invest in private 

funds and better enabled staff to 

conduct examinations. The Private 

Fund Adviser Rules became effective on 

November 13, 2023.1 On June 5, 2024, 

the U.S. Court of Appeals for the Fifth 

Circuit vacated the Private Fund 

Adviser Rules.2 The court’s vacatur of 

the Private Fund Adviser Rules was 

effective as of June 5, 2024, and had the 

legal effect of (i) vacating the new rules 

and the reservation of rule 206(4)–9 and 

(ii) vacating the amendments to the 

existing books and records rule 204–2 

and compliance rule 206(4)–7 such that 

those vacated amendments are no longer 

in effect. These technical amendments 

reflect the vacatur in the CFR by 

rescinding the Private Fund Adviser 

Rules. 

II. Procedural and Other Matters 

The Administrative Procedure Act 

(‘‘APA’’) generally requires an agency to 

publish notice of a rulemaking in the 

Federal Register and provide an 

opportunity for public comment. This 

requirement does not apply, however, if 

the agency ‘‘for good cause finds . . . 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 3


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Rules and Regulations 91253 

4This finding also satisfies the requirements of 5 

U.S.C. 808(2), allowing the amendments to become 

effective notwithstanding the requirement of 5 

U.S.C. 801 (if a Federal agency finds that notice and 

public comment are impractical, unnecessary or 

contrary to the public interest, a rule shall take 

effect at such time as the Federal agency 

promulgating the rule determines). The 

amendments also do not require analysis under the 

Regulatory Flexibility Act. See 5 U.S.C. 604(a) 

(requiring a final regulatory flexibility analysis only 

for rules required by the APA or other law to 

undergo notice and comment). 

5See 5 U.S.C. 553(d)(3). 

1William T. McDermott, DEA Dear Registrant 

letter, Drug Enforcement Administration (March 25, 

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

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

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

The technical amendments do not 

impose any new substantive regulatory 

requirements on any person and merely 

reflect the vacatur of the Private Fund 

Adviser Rules. For these reasons, for 

good cause, the Commission finds that 

notice and public comment are 

unnecessary.4

For similar reasons, although the APA 

generally requires publication of a rule 

at least 30 days before its effective date, 

the Commission finds there is good 

cause for the amendments to take effect 

on [INSERT DATE OF PUBLICATION 

IN THE FEDERAL REGISTER].5

Pursuant to the Congressional Review 

Act, the Office of Information and 

Regulatory Affairs has designated these 

amendments as not a ‘‘major rule,’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 17 CFR Part 275 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements, Securities. 

Text of Amendments 

For the reasons set forth in the 

preamble, title 17, chapter II of the Code 

of Federal Regulations is amended as 

follows: 

PART 275—RULES AND 

REGULATIONS, INVESTMENT 

ADVISERS ACT OF 1940 

■ 1. The authority citation for part 275 

continues to read in part as follows: 

Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– 

2(a)(11)(H), 80b–2(a)(17), 80b–3, 80b–4, 80b– 

4a, 80b–6(4), 80b–6a, 80b–11, 1681w(a)(1), 

6801–6809, and 6825, unless otherwise 

noted. 

* * * * * 

Section 275.204–2 is also issued under 15 

U.S.C. 80b–6. 

* * * * * 

§ 275.204–2 [Amended] 

■ 2. Amend § 275.204–2 by: 

■ a. Removing the ‘‘; and’’ at the end of 

paragraph (a)(7)(iv)(B) and adding a 

period in its place; 

■ b. Removing paragraph (a)(7)(v); and 

■ c. Removing and reserving paragraphs 

(a)(20) through (24). 

* * * * * 

§ 275.206(4)–9, § 275.206(4)–10 [Removed] 

■ 3. Remove §§ 275.206(4)–9 and 

275.206(4)–10. 

* * * * * 

§ 275.206(4)–7 [Amended] 

■ 4. Amend § 275.206(4)–7 by revising 

paragraph (b) to read as follows: 

* * * * * 

(b) Annual review. Review, no less 

frequently than annually, the adequacy 

of the policies and procedures 

established pursuant to this section and 

the effectiveness of their 

implementation; and 

* * * * * 

§ 275.211(h)(1)–1 through § 275.211(h)(2)–3 

[Removed] 

■ 5. Remove §§ 275.211(h)(1)–1, 

275.211(h)(1)–2, 275.211(h)(2)–1, 

275.211(h)(2)–2, and 275.211(h)(2)–3. 

Dated: November 8, 2024. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–26524 Filed 11–18–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1307 

[Docket No. DEA–407] 

RIN 1117–AB40, 1117–AB78, and 1117– 

ZA06 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 12 

Third 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: The Drug Enforcement 

Administration (DEA) in concert with 

the Department of Health and Human 

Services (HHS) is issuing a third 

extension of telemedicine flexibilities 

for the prescribing of controlled 

medications, through December 31, 

2025. 

DATES: This rule is effective January 1, 

2025, through December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Heather E. Achbach, 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 

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

letter signed by Thomas W. Prevoznik, 

DEA’s then-Deputy Assistant 


ddrumheller on DSK120RN23PROD with RULES1