83 FR 3068 - Rules and Regulations Under the Textile Fiber Products Identification Act
FEDERAL TRADE COMMISSION Federal Register Volume 83, Issue 15 (January 23, 2018)
Federal Register Volume 83, Issue 15 (January 23, 2018)
| Page Range | 3068-3071 | |
| FR Document | 2018-01202 |
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)] [Rules and Regulations] [Pages 3068-3071] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01202] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Part 303 RIN 3084-AB47 Rules and Regulations Under the Textile Fiber Products Identification Act AGENCY: Federal Trade Commission (``FTC'' or ``Commission''). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission amends the Rules and Regulations Under the Textile Fiber Products Identification Act (``Textile Rules'') to delete the [[Page 3069]] requirement that an owner of a registered word trademark, used as a house mark, furnish the FTC with a copy of the mark's registration with the United States Patent and Trademark Office (``USPTO'') before using the mark on labels. DATES: Effective on February 22, 2018. FOR FURTHER INFORMATION CONTACT: Jock Chung, (202) 326-2984, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background The Textile Fiber Products Identification Act (``Textile Act'') \1\ and implementing Textile Rules require marketers to, among other things, attach a label to each covered textile fiber product disclosing: (1) The generic names and percentages by weight of the constituent fibers in the product; (2) the name under which the manufacturer or other responsible company does business, i.e., the product's marketer's name,\2\ or other specified identifier in lieu of that name,\3\ and (3) the name of the country where the product was processed or manufactured.\4\ Section 303.19(a) allows the owners of registered word trademarks who use these trademarks as house marks to disclose such trademarks in lieu of their names. However, before doing so, the company must file a copy of their USPTO registration with the Commission. The Commission imposed this requirement in 1959, presumably to obviate the need for the Commission to obtain paper copies of registrations from the USPTO. However, registered house marks now can be found by searching online or at the USPTO's website (www.uspto.gov). --------------------------------------------------------------------------- \1\ 15 U.S.C. 70 et seq. \2\ 15 U.S.C. 70b(b)(3). \3\ 16 CFR 303.19. \4\ See 15 U.S.C. 70b(b). --------------------------------------------------------------------------- II. Amendments to the Textile Rules In a Notice of Proposed Rulemaking published on June 28, 2017,\5\ the Commission proposed amending Section 303.19 to: (1) Delete the requirement that an owner of a registered word trademark used as a house mark furnish the FTC with a copy of the mark's registration with the USPTO before using the mark on labels, and (2) no longer restrict the use of such trademarks to only those employed as house marks. The Commission received three comments in response.\6\ --------------------------------------------------------------------------- \5\ 82 FR 29251 (June 28, 2017). \6\ American Apparel & Footwear Association (AAFA) (#00005); Jonathan Appelbaum (#00003); and De La Cruz (#00002). See https://www.ftc.gov/policy/public-comments/2017/07/initiative-708. --------------------------------------------------------------------------- As discussed below, based on the record, the Commission has determined to amend the Textile Rules to delete the requirement trademark owners furnish the FTC with a copy of the mark's USPTO registration before using the mark on labels. Based on the comments received, however, the Commission declines to eliminate the provision allowing only trademarks used as house marks. A. Deleting the Registration Submission Requirement Comments: The AAFA and Appelbaum comments supported the Commission's proposal to eliminate the requirement that businesses provide the Commission with a copy of a word trademark's USPTO registration prior to using these marks. AAFA asserted that simplifying the Textile Rules would ``eliminate confusion, both for the business community and for consumers.'' \7\ De La Cruz, however, opposed this proposed amendment, arguing that the current Section 303.19(a) ``keeps trade in order'' and ``discourages trademark infringement,'' \8\ but did not offer support for these contentions. --------------------------------------------------------------------------- \7\ AAFA, https://www.ftc.gov/system/files/documents/public_comments/2017/07/00005-141123.pdf, p. 1; Appelbaum, https://www.ftc.gov/system/files/documents/public_comments/2017/07/00003-141029.pdf, p. 1. \8\ De La Cruz, https://www.ftc.gov/policy/public-comments/2017/07/06/comment-00002, p. 1. --------------------------------------------------------------------------- Discussion: Based on the record, the Commission amends Section 303.19(a) of the Textile Rules to delete the requirement that an owner of a registered word trademark furnish the FTC with a copy of the mark's registration with the USPTO prior to using the mark in lieu of a marketer's name. Commenters and the Commission's experience indicate that eliminating the submission requirement will reduce compliance costs for marketers without reducing protections for consumers. Specifically, the Commission and consumers can readily identify a registrant by searching for a marketer's house mark on the USPTO's online database or other online resources.\9\ Moreover, Commission staff has not consulted the files of house marks submitted to the Commission for many years, if ever, nor has it received requests from the public to do so. The Commission therefore concludes that the current submission requirement is neither necessary nor useful to enable the Commission or consumers to identify marketers of textile fiber products. --------------------------------------------------------------------------- \9\ As discussed below, however, although simple searches can determine registrants for house marks, it is far more difficult to determine relevant registrations for some word trademarks. --------------------------------------------------------------------------- B. Word Trademarks Other Than House Marks as Marketer Identifiers Comments: Commenters Appelbaum and De La Cruz opposed the Commission's proposal to eliminate the provision allowing only trademarks used as house marks to be used in lieu of marketers' names. Appelbaum asserted that the proposed amendment was premised on an assumption a word trademark is ``unique,'' when, in fact, word trademarks may be ``very similar,'' preventing consumers from effectively searching online for business owners.\10\ Appelbaum further noted that, in contrast, house marks did not present this problem because ``a house mark is more uniquely associated with a business and less likely to be imitated.'' \11\ De La Cruz stated without further analysis that the current Section 303.19(a) ``keeps trade in order'' and ``discourages trademark infringement.'' \12\ The AAFA supported this proposed amendment without explanation.\13\ --------------------------------------------------------------------------- \10\ Appelbaum, p. 1. \11\ Id. \12\ De La Cruz, p. 1. \13\ AAFA, p. 1. --------------------------------------------------------------------------- Discussion: The Commission declines to amend Section 303.19(a) of the Textile Rules to permit the use of word trademarks other than house marks in lieu of marketers' names. The comments and staff research indicate that such an amendment would impose new burdens and additional costs on consumers and others to identify marketers of textile fiber products. In particular, the record indicates that it can be difficult to find the identity of a specific registrant using a word trademark, rather than a house mark. Word trademarks that are not house marks can be registered for specific goods or services, and identical word trademarks can be registered numerous times for different goods or services.\14\ Consequently, simple searches on the USPTO's online database can produce [[Page 3070]] hundreds or thousands of responses.\15\ Although sophisticated searches produce far fewer responses, such searches may require more training and expertise than many consumers are likely to possess.\16\ In contrast, to register a house mark as a trademark, the USPTO requires that an applicant indicate that it will use that house mark ``for a full line of products'' so that consumers can identify a manufacturer or seller from that house mark.\17\ Therefore, it is significantly easier to identify a house mark owner from a USPTO search.\18\ --------------------------------------------------------------------------- \14\ For example, the USPTO has 148 registrations for the trademark ``Acme'' for different types of goods, including boat propellers (AMG Operations), beer (North Coast Brewing Co., Inc.), and firearm targets (Clifford J. Brown). Three of these registrations are for products covered by the Textile Rules: T- shirts (Acme Anvils, LLC), T-shirts (Time Warner Entertainment Company, L.P.), and quilts (Pillowtex Corp.). \15\ For instance, a simple search for ``Acme'' on the USPTO's website currently produces 527 registrations; a simplesearch for ``Cotton'' produces 2,761 registrations. Similarly, searches on standard search engines for common word trademarks can produce enormous numbers of responses. Searching for ``Acme'' on Google returns almost 57 million results, with the first results referencing supermarkets, cartoons, packaging-supplies, pies, and furniture. \16\ For example, to search on the USPTO website for only ``Acme,'' and exclude the 379 registrations for terms that include Acme, such as ``Pro Acme,'' a user must conduct a ``structured' search on the USPTO database and specify that the search is on the ``FULL MARK'' field. \17\ USPTO ``Trademark Manual of Examining Procedure April 2017'' 1402.03(b) House Marks, available at https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1400d1e2208.html. \18\ For example, a simple search on the USPTO for the house mark ``Kirkland Signature'' returns 138 registrations, all owned by Costco Wholesale Corporation. Therefore, consumers can review any of the registrations and determine the house mark owner, even though only one of the registrations is for clothing. Online searches for ``Kirkland Signature'' also readily return references to Costco Wholesale Corporation. RN numbers also already provide a free, convenient alternative to names for marketers that do not own house marks. The Commission has recently revised the RN Database at https://rn.ftc.gov/Account/BasicSearch, so consumers can easily identify companies from RN numbers. --------------------------------------------------------------------------- Accordingly, the Commission will continue to allow only owners of registered word trademarks who use these trademarks as house marks to disclose such trademarks in lieu of their names. III. Paperwork Reduction Act The Textile Rules contain various ``collection of information'' (e.g., disclosure and recordkeeping) requirements for which the Commission has obtained clearance from the Office of Management and Budget (``OMB'') under the Paperwork Reduction Act (``PRA'').\19\ The amended Textile Rules do not impose any additional collection of information requirements. --------------------------------------------------------------------------- \19\ 44 U.S.C. 3501 et seq. In 2015, the Commission published its PRA burden estimates for the current information collection requirements under the Rules. See 80 FR 1411, 1413 (Jan. 9, 2015) and 80 FR 14387, 14388 (Mar. 19, 2015). In April 2015, OMB granted clearance through April 30, 2018, for these requirements and the associated PRA burden estimates. The OMB control number is 3084- 0101. --------------------------------------------------------------------------- IV. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires that the Commission provide an Initial Regulatory Flexibility Analysis (IRFA) with a Proposed Rule, and a Final Regulatory Flexibility Analysis (FRFA) with the final Rule, unless the Commission certifies that the Rule will not have a significant economic impact on a substantial number of small entities.\20\ --------------------------------------------------------------------------- \20\ 5 U.S.C. 603-605. --------------------------------------------------------------------------- The Commission anticipates that the final amendment will not have a significant economic impact on a substantial number of small entities. In the Commission's view, the amendment should not increase the costs of small entities that manufacture or import textile fiber products, but may reduce costs associated with furnishing a copy of a registered word trademark used as a house mark to the FTC. Therefore, based on available information, the Commission certifies that amending the Textile Rules will not have a significant economic impact on a substantial number of small businesses. Although the Commission certifies under the RFA that the amendment will not have a significant impact on a substantial number of small entities, the Commission has determined, nonetheless, that it is appropriate to publish a Final Regulatory Flexibility Analysis to inquire into the impact of the proposed amendment on small entities. Therefore, the Commission has prepared the following analysis: Although the Commission has certified under the RFA that the amendments would not have a significant impact on a substantial number of small entities, the Commission has determined, nonetheless, that it is appropriate to publish an FRFA in order to explain the impact of the amendments on small entities as follows: A. Description of the Reasons That Action by the Agency Is Being Taken The Commission is amending the Rules to provide greater flexibility in complying with the Rules' disclosure requirements by permitting textile fiber product marketers to use registered house marks to identify themselves without sending registration copies to the Commission. B. Issues Raised by Comments in Response to the IRFA The Commission did not receive any comments specifically related to the impact of the final amendment on small businesses. In addition, the Commission did not receive any comments filed by the Chief Counsel for Advocacy of the Small Business Administration. C. Estimate of Number of Small Entities To Which the Amendments Will Apply Under the Small Business Size Standards issued by the Small Business Administration, textile apparel manufacturers qualify as small businesses if they have 500 or fewer employees. Clothing wholesalers qualify as small business if they have 100 or fewer employees. The Commission's staff has estimated that approximately 22,642 textile fiber product manufacturers and importers are covered by the Textile Rules' disclosure requirements.\21\ A substantial number of these entities likely qualify as small businesses. The Commission estimates that the amendment will not have a significant impact on small businesses because it does not impose any new obligations on them, but may reduce filing costs associated with the Textile Rules. --------------------------------------------------------------------------- \21\ 80 FR 1411, 1413 (Jan. 9, 2015). --------------------------------------------------------------------------- D. Projected Reporting, Recordkeeping, and Other Compliance Requirements The amendment deletes a filing requirement, thus providing greater flexibility to companies covered by the Textile Rules. The amendment is not expected to increase any reporting, recordkeeping, or other requirements associated with the Textile Rules, and is expected to decrease reporting requirements. E. Description of Steps Taken To Minimize Significant Economic Impact, If Any, on Small Entities, Including Alternatives The Commission did not propose any specific small entity exemption or other significant alternatives because the amendment is expected to decrease reporting requirements and will not impose any new requirements or compliance costs. No comments identified any new compliance costs, and several comments argued the amendment will reduce compliance costs. List of Subjects in 16 CFR Part 303 Advertising, Labeling, Recordkeeping, Textile fiber products. For the reasons discussed in the preamble, the Commission amends part [[Page 3071]] 303 of title 16, Code of Federal Regulations, as follows: PART 303--RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT 0 1. The authority citation for part 303 continues to read: Authority: 15 U.S.C. 70 et seq. 0 2. Amend Sec. 303.19 by revising paragraph (a) to read as follows: Sec. 303.19 Name or other identification required to appear on labels. (a) The name required by the Act to be used on labels shall be the name under which the person is doing business. Where a person has a word trademark, used as a house mark, registered in the United States Patent Office, such word trademark may be used on labels in lieu of the name otherwise required. No trademark, trade names, or other names except those provided for above shall be used for required identification purposes. * * * * * By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2018-01202 Filed 1-22-18; 8:45 am] BILLING CODE 6750-01-P
![3068 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
DC 20591; telephone: (202) 267–8783. will be published subsequently in the Lists of Subjects in 14 CFR Part 71
The Order is also available for Order. Airspace, Incorporation by reference,
inspection at the National Archives and Navigation (air).
Availability and Summary of
Records Administration (NARA). For
Documents for Incorporation by Adoption of the Amendment
information on the availability of this
Reference
material at NARA, call (202) 741–6030, In consideration of the foregoing, the
or go to https://www.archives.gov/ This document amends FAA Order Federal Aviation Administration
federal-register/cfr/ibr-locations.html. 7400.11B, Airspace Designations and amends 14 CFR part 71 as follows:
FAA Order 7400.11, Airspace Reporting Points, dated August 3, 2017,
Designations and Reporting Points, is and effective September 15, 2017. FAA PART 71—DESIGNATION OF CLASS A,
published yearly and effective on Order 7400.11B is publicly available as B, C, D, AND E AIRSPACE AREAS; AIR
September 15. listed in the ADDRESSES section of this TRAFFIC SERVICE ROUTES; AND
FOR FURTHER INFORMATION CONTACT: John
document. FAA Order 7400.11B lists REPORTING POINTS
Fornito, Operations Support Group, Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting ■ 1. The authority citation for part 71
Eastern Service Center, Federal Aviation
points. continues to read as follows:
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404) The Rule Authority: 49 U.S.C. 106(g); 40103, 40113,
305–6364. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
This action amends Title 14 Code of 1963 Comp., p. 389.
SUPPLEMENTARY INFORMATION: Federal Regulations (14 CFR) part 71 by
correcting the geographic coordinates of § 71.1 [Amended]
Authority for This Rulemaking
the heliport reference point and point in ■ 2. The incorporation by reference in
The FAA’s authority to issue rules space coordinates of Kane Community 14 CFR 71.1 of Federal Aviation
regarding aviation safety is found in Hospital Heliport in Class E airspace Administration Order 7400.11B,
Title 49 of the U.S. Code. Subtitle 1, extending upward from 700 feet above Airspace Designations and Reporting
Section 106, describes the authority of the surface to be in concert with the Points, dated August 3, 2017, effective
the FAA Administrator. Subtitle VII, FAA’s aeronautical database. September 15, 2017, is amended as
Aviation Programs, describes in more This is an administrative change and follows:
detail the scope of the agency’s does not affect the boundaries, or
authority. This rulemaking is operating requirements of the airspace, Paragraph 6005 Class E Airspace Areas
promulgated under the authority Extending Upward From 700 Feet or More
therefore, notice and public procedure Above the Surface of the Earth.
described in Subtitle VII, Part A, under 5 U.S.C. 553(b) are unnecessary.
Subpart I, Section 40103. Under that * * * * *
section, the FAA is charged with Regulatory Notices and Analyses
AEA PA E5 Kane, PA [Amended]
prescribing regulations to assign the use The FAA has determined that this Kane Community Hospital Heliport, Kane,
of airspace necessary to ensure the regulation only involves an established PA
safety of aircraft and the efficient use of body of technical regulations for which (Lat. 41°40′16″ N, long. 78°49′04″ W)
airspace. This regulation is within the frequent and routine amendments are Point in Space Coordinates
scope of that authority as it makes a necessary to keep them operationally (Lat. 41°39′58″ N, long. 78°52′09″ W)
clerical correction to the geographic current. Therefore, this regulation: (1) Is That airspace extending upward from 700
coordinates of Kane Community not a ‘‘significant regulatory action’’ feet above the surface within a 6-mile radius
Hospital Heliport, Kane, PA. under Executive Order 12866; (2) is not of the Point in Space coordinates serving
a ‘‘significant rule’’ under DOT Kane Community Hospital Heliport.
History
Regulatory Policies and Procedures (44 Issued in College Park, Georgia, on January
The FAA Aeronautical Information FR 11034; February 26, 1979); and (3) 16, 2018.
Services branch found the Class E does not warrant preparation of a Ryan W. Almasy,
airspace extending upward from 700 regulatory evaluation as the anticipated Manager, Operations Support Group, Eastern
feet above the surface at Kane impact is so minimal. Since this is a Service Center, Air Traffic Organization.
Community Hospital Heliport, Kane, routine matter that only affects air traffic [FR Doc. 2018–01172 Filed 1–22–18; 8:45 am]
PA, along with the related point in procedures and air navigation, it is BILLING CODE 4910–13–P
space coordinates, were incorrect as certified that this rule, when
published in FAA Order 7400.11B, promulgated, does not have a significant
Airspace Designations and Reporting economic impact on a substantial
Points. The latitude degree for the FEDERAL TRADE COMMISSION
number of small entities under the
heliport and the longitude degree for the criteria of the Regulatory Flexibility Act. 16 CFR Part 303
point in space coordinates were
incorrect in the Order. Environmental Review RIN 3084–AB47
A clerical amendment in the legal The FAA has determined that this
description also is made to the airspace action qualifies for categorical exclusion Rules and Regulations Under the
designation, removing the name of the under the National Environmental Textile Fiber Products Identification
town listed before the airport name Policy Act in accordance with FAA Act
description. Order 1050.1F, ‘‘Environmental AGENCY: Federal Trade Commission
sradovich on DSK3GMQ082PROD with RULES
Class E airspace designations are Impacts: Policies and Procedures,’’ (‘‘FTC’’ or ‘‘Commission’’).
published in paragraph 6005 of FAA paragraph 5–6.5.a. This airspace action ACTION: Final rule.
Order 7400.11B dated August 3, 2017, is not expected to cause any potentially
and effective September 15, 2017, which significant environmental impacts, and SUMMARY: The Commission amends the
is incorporated by reference in 14 CFR no extraordinary circumstances exist Rules and Regulations Under the Textile
part 71.1. The Class E airspace that warrant preparation of an Fiber Products Identification Act
designations listed in this document environmental assessment. (‘‘Textile Rules’’) to delete the
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![Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3071
303 of title 16, Code of Federal to 275 the maximum number of patients adverse physiological or psychological
Regulations, as follows: that a practitioner may treat for opioid effects incident to withdrawal from the
use disorder without being separately continuous or sustained use of a
PART 303—RULES AND registered under the CSA for that narcotic drug,’’ with the ultimate goal of
REGULATIONS UNDER THE TEXTILE purpose. The Drug Enforcement bringing a patient to a narcotic drug-free
FIBER PRODUCTS IDENTIFICATION Administration (DEA) is hereby state (21 U.S.C. 802(30)).
ACT amending its regulations to incorporate Specifically, section 303 of the CARA
these statutory and regulatory changes. temporarily expands the types of
■ 1. The authority citation for part 303 practitioners who may dispense a
DATES: Effective: January 22, 2018.
continues to read: narcotic drug in Schedule III, IV, or V
FOR FURTHER INFORMATION CONTACT:
Authority: 15 U.S.C. 70 et seq. Michael J. Lewis, Diversion Control for the purpose of maintenance
■ 2. Amend § 303.19 by revising Division, Drug Enforcement treatment or detoxification treatment
paragraph (a) to read as follows: Administration; Mailing Address: 8701 without being separately registered as a
Morrissette Drive, Springfield, Virginia narcotic treatment program. Whereas
§ 303.19 Name or other identification 22152; Telephone: (202) 598–6812. prior to the CARA, only qualified
required to appear on labels. physicians were permitted to dispense
SUPPLEMENTARY INFORMATION: It has been
(a) The name required by the Act to determined this is a major rule within narcotic drugs in this manner, the
be used on labels shall be the name the meaning of the Congressional CARA now temporarily permits certain
under which the person is doing Review Act (CRA). 5 U.S.C. 804(2). nurse practitioners and physician
business. Where a person has a word Major rules generally cannot take effect assistants to qualify to do so. The CARA
trademark, used as a house mark, until 60 days after the date on which the achieves this result by (1) inserting the
registered in the United States Patent rule is published in the Federal term ‘‘qualifying practitioner’’ in place
Office, such word trademark may be Register. 5 U.S.C. 801(a)(3). However, of ‘‘qualifying physician’’ in 21 U.S.C.
used on labels in lieu of the name the CRA provides that ‘‘any rule for 823(g)(2)(B)(i) and (2) defining
otherwise required. No trademark, trade which an agency for good cause finds ‘‘qualifying practitioner’’ to include not
names, or other names except those (and incorporates the finding and a brief only a physician, but also (until October
provided for above shall be used for statement of reasons therefor in the rule 1, 2021) a ‘‘qualifying other
required identification purposes. issued) that notice and public procedure practitioner,’’ which includes a nurse
* * * * * thereon are impracticable, unnecessary, practitioner or physician assistant who
or contrary to the public interest, shall meets certain qualifications set forth in
By direction of the Commission.
take effect at such time as the Federal paragraph 823(g)(2)(G)(iv). More
Donald S. Clark,
agency promulgating the rule precisely, section 303 of the CARA
Secretary. determines.’’ 5 U.S.C. 808. As is defines ‘‘qualifying other practitioner’’
[FR Doc. 2018–01202 Filed 1–22–18; 8:45 am] discussed below, DEA finds there is as a nurse practitioner or physician
BILLING CODE 6750–01–P good cause to issue these amendments assistant who satisfies each of the
as a final rule without notice and following criteria:
comment, because these amendments (I) The nurse practitioner or physician
DEPARTMENT OF JUSTICE merely conform the implementing assistant is licensed under State law to
regulations with recent amendments to prescribe schedule III, IV, or V
Drug Enforcement Administration the CSA contained in CARA that have medications for the treatment of pain;
already taken effect. Accordingly, DEA (II) The nurse practitioner or
21 CFR Part 1301 has determined this rule will take effect physician assistant must complete not
[Docket No. DEA–450] January 22, 2018. fewer than 24 hours of initial training.
Background and Legal Authority (III) The nurse practitioner or
RIN 1117–AB42 physician assistant is supervised by, or
Pertinent Provisions of the CARA works in collaboration with, a
Implementation of the Provision of the
On July 22, 2016, the President signed qualifying physician, if the nurse
Comprehensive Addiction and
the Comprehensive Addiction and practitioner or physician assistant is
Recovery Act of 2016 Relating to the
Recovery Act (CARA) into law as Public required by State law to prescribe
Dispensing of Narcotic Drugs for
Law 114–198. Section 303 of the CARA medications for the treatment of opioid
Opioid Use Disorder
amended certain provisions of 21 U.S.C. use disorder in collaboration with or
AGENCY: Drug Enforcement 823(g)(2), which is the subsection of the under the supervision of a physician;
Administration, Department of Justice. Controlled Substance Act (CSA) that and
ACTION: Final rule. sets forth the conditions under which a The Secretary determines in
practitioner may, without being collaboration with, a qualifying
SUMMARY: The Comprehensive separately registered under subsection physician, if the nurse practitioner or
Addiction and Recovery Act (CARA) of 823(g)(1), dispense a narcotic drug in physician assistant is supervised by, or
2016, which became law on July 22, Schedule III, IV, or V for the purpose of works in collaboration with, a
2016, amended the Controlled maintenance treatment or detoxification qualifying physician, if the nurse
Substances Act (CSA) to expand the treatment. Maintenance treatment is the practitioner can treat and manage
categories of practitioners who may, dispensing of a narcotic drug, in excess opiate-dependent patients. The
sradovich on DSK3GMQ082PROD with RULES
under certain conditions on a temporary of twenty-one days, for the treatment of Secretary may, by regulation, revise the
basis, dispense a narcotic drug in dependence upon heroin or other requirements for being qualifying other
Schedule III, IV, or V for the purpose of morphine-like drugs (21 U.S.C. 802(29)). practitioner.
maintenance treatment or detoxification A detoxification treatment is the term This section of the CARA further
treatment. Separately, the Department of given when a narcotic drug is dispensed provides that the Secretary of Health
Health and Human Services, by final in decreasing doses, not exceeding one and Human Services (HHS) may, by
rule effective August 8, 2016, increased hundred and eighty days, ‘‘to alleviate regulation, revise the foregoing
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Document Created: 2018-01-23 01:08:50
Document Modified: 2018-01-23 01:08:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective on February 22, 2018. | |
| Contact | Jock Chung, (202) 326-2984, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. | |
| FR Citation | 83 FR 3068 | |
| RIN Number | 3084-AB47 | |
| CFR Associated | Advertising; Labeling; Recordkeeping and Textile Fiber Products |
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