Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Manufacture of Controlled Substances and Listed Chemicals, 39479-39482 [2023-12893]

Download as PDF Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices Khazam (individual member), Los Altos, CA; and Chip-hop Ltd., Huangpu District, PEOPLE’S REPUBLIC OF CHINA have been added as parties to this venture. Also, Institute of Automation, Chinese Academy of Sciences, Haidan District, PEOPLE’S REPUBLIC OF CHINA; Formativ, Paris, FRANCE; Serenade Labs Inc., San Francisco, CA; OctoML, Inc., Seattle, WA; and Crosstalk LLC, Kansas City, MO have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and MLCommons intends to file additional written notifications disclosing all changes in membership. On September 15, 2020, MLCommons filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on September 29, 2020 (85 FR 61032). The last notification was filed with the Department on March 15, 2023. A notice was published in the Federal Register pursuant to section 6(b) of the Act on May 12, 2023 (88 FR 30783). Suzanne Morris, Deputy Director Civil Enforcement Operations Antitrust Division. [FR Doc. 2023–12962 Filed 6–15–23; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division ddrumheller on DSK120RN23PROD with NOTICES1 Notice Pursuant to the National Cooperative Research and Production Act of 1993—ASTM International Notice is hereby given that, on May 22, 2023, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), ASTM International (‘‘ASTM’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, ASTM has provided an updated list of current, ongoing ASTM activities originating between February 13, 2023 and May 14, 2023 designated as Work Items. A complete listing of ASTM Work Items, along with a brief VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 description of each, is available at https://www.astm.org. On September 15, 2004, ASTM filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on November 10, 2004 (69 FR 65226). The last notification was filed with the Department on February 21, 2023. A notice was published in the Federal Register pursuant to section 6(b) of the Act on June 6, 2023 (88 FR 37100). Suzanne Morris, Deputy Director Civil Enforcement Operations Antitrust Division. [FR Doc. 2023–12961 Filed 6–15–23; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1086] Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Manufacture of Controlled Substances and Listed Chemicals Drug Enforcement Administration, Department of Justice. ACTION: Notice of proposed updates to special surveillance list. AGENCY: The Controlled Substances Act provides for civil penalties for the distribution of a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, if that distribution was made with reckless disregard for the illegal uses to which such laboratory supply will be put. The term laboratory supply is defined as a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals. The Drug Enforcement Administration is hereby publishing a notice of proposed updates to the Special Surveillance List. DATES: Comments must be submitted electronically or postmarked on or before July 17, 2023. Commenters should be aware that the electronic Federal Docket Management System will not accept any comments after 11:59 p.m. Eastern Time on the last day of the comment period. ADDRESSES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–1086’’ on all electronic and SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 39479 written correspondence, including any attachments. • Electronic comments: The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. • Paper comments: Paper comments that duplicate electronic submissions are not necessary. Should you wish to mail a paper comment, in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362– 3249. SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration (DEA) for public inspection online at https:// www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also place all of the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted. E:\FR\FM\16JNN1.SGM 16JNN1 39480 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify the confidential business information to be redacted within the comment. Comments containing personal identifying information or confidential business information identified as directed above will be made publicly available in redacted form. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to https:// www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential. An electronic copy of this proposal is available at https://www.regulations.gov for easy reference. Background The Controlled Substances Act (CSA), as amended by the Comprehensive Methamphetamine Control Act of 1996 (MCA), provides for the publication of a Special Surveillance List by the Attorney General.1 The Special Surveillance List identifies laboratory supplies which are used in the manufacture of controlled substances and listed chemicals. The CSA defines ‘‘laboratory supply’’ as ‘‘a listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.’’ 2 The CSA provides for a civil penalty of not more than $250,000 for the distribution of a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, if that distribution was made with ‘‘reckless disregard’’ for the illegal uses to which such a laboratory supply will be put.3 The CSA further states that, for purposes of 21 U.S.C. 842(a)(11), ‘‘there is a rebuttable presumption of reckless 1 21 U.S.C. 842(a). 2 Id. 3 21 U.S.C. 842(c)(2)(C). This civil monetary penalty has been adjusted for inflation. For penalties assessed after January 30, 2023, with respect to violations occurring after November 2, 2015, the maximum penalty is $470,640. 88 FR 5776, 5780. VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 disregard at trial if the Attorney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer.’’ 4 The publication of the Special Surveillance List serves two purposes. First, it informs individuals and firms of the potential use of the items on the list in the manufacture of controlled substances and listed chemicals. Second, it reminds individuals and firms that civil penalties may be imposed on them if they distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of the CSA, with reckless disregard for the illegal uses to which such a laboratory supply will be put.5 The publication of an updated Special Surveillance List will provide an increased level of public awareness and law enforcement control to prevent the diversion of laboratory supplies used for the manufacture of listed chemicals and controlled substances. The first Special Surveillance List was published in 1999 and has not been updated since.6 Although the CSA does not require notice and comment for changes to the Special Surveillance List, DEA is providing notice of proposed changes and an opportunity for the public to comment because the list has not been updated in over 23 years. In developing the proposed updates to the Special Surveillance List, DEA consulted with federal, state, local, and foreign law enforcement officials, forensic laboratory authorities, intelligence groups, drug profiling programs, and international organizations. DEA examined clandestine laboratory seizure reports and drug profiling reports for information regarding (1) illicit drug production methods; (2) chemicals actually used in the clandestine production of controlled substances and listed chemicals; and (3) the role and importance of chemicals used in the synthesis of controlled substances and listed chemicals. In addition, DEA considered the legitimate uses and market for these chemicals. The proposed updates to the Special 4 21 U.S.C. 842(a). U.S.C. 842(a)(11). 6 64 FR 25910 (May 13, 1999). 5 21 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Surveillance List includes chemicals used in the production of synthetic drugs such as fentanyl, amphetamine, methamphetamine, PCP, LSD, and other controlled substances and listed chemicals. DEA is proposing to update the Special Surveillance List by adding the following laboratory supplies to the existing Special Surveillance List: Chemicals, including their salts whenever the existence of such salts is possible: (2-nitroprop-1-en-1-yl)benzene (1phenyl-2-nitropropene; P2NP) 1-(4-bromophenyl)propan-1-one 1-(4-chlorophenyl)propan-1-one 1-(4-methylphenyl)propan-1-one 1-benzylpiperidin-4-one (N-benzyl-4piperidone) 1-chloro-N-methyl-1-phenylpropan-2amine (chloroephedrine; chloropseudoephedrine) 1-phenylbutan-1-one 1-phenylpentan-1-one 1-phenylpropan-1-one 2-bromo-1-(4-chlorophenyl)propan-1one 2-bromo-1-(4-methoxyphenyl)propan-1one 2-bromo-1-(4-methylphenyl)propan-1one 2-bromo-1-phenylpentan-1-one 2-bromo-1-phenylpropan-1-one 3-methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid; P2P glycidic acid) and its esters (e.g. methyl 3-methyl-3-phenyloxirane2-carboxylate (BMK methyl glycidate); ethyl 3-methyl-3phenyloxirane-2-carboxylate (BMK ethyl glycidate)) phenethyl bromide ((2bromoethyl)benzene) 3-oxo-2-phenylbutanoic acid and its esters (e.g., alpha-phenylacetoacetic acid; ethyl 3-oxo-2-phenylbutanoate (EAPA)) 5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4-methylenedioxyphenyl-2nitropropene; 3,4-MDP2NP) azobisisobutyronitrile butane-1,4-diol (1,4-butanediol) ethyl 3-oxo-4-phenylbutanoate ethyl-3-(1,3-benzodioxol-5-yl)-2methyloxirane-2-carboxylate (3,4MDP-2-P ethyl glycidate) methyl 2-(1,3-benzodioxol-5-yl)-3oxobutanoate (MAMDPA; MDMAPA) propionyl chloride sodium borohydride sodium triacetoxyborohydride tert-butyl 4-((4fluorophenyl)amino)piperidine-1carboxylate (para-fluoro 1-boc-4AP) thioglycolic acid and its esters (e.g., methyl thioglycolate) E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices In addition to the chemicals listed above, DEA is proposing to update the listing of tableting machines under equipment to explicitly include punches and dies. DEA proposes to update the listing of tableting machines to read as follows: Equipment: tableting machines, including punches and dies The Special Surveillance List continues to include all listed chemicals as specified in 21 CFR 1310.02(a) or (b). DEA is proposing to remove two individually listed chemicals from the Special Surveillance List (hypophosphorus acid and red phosphorus) given that those chemicals have since been added to List I and are, therefore, automatically included as laboratory supplies. The phrase ‘‘all listed chemicals’’ includes all chemical mixtures and all over-the-counter (OTC) pharmaceutical products and dietary supplements which contain a listed chemical, regardless of their dosage form or packaging and regardless of whether the chemical mixture, drug product or dietary supplement is exempt from regulatory controls. The following is the proposed update to Special Surveillance List for laboratory supplies used in the manufacture of controlled substances and listed chemicals, including the additions listed above: ddrumheller on DSK120RN23PROD with NOTICES1 Special Surveillance List Published Pursuant to 21 U.S.C. 842(a) Chemicals, including their salts whenever the existence of such salts is possible: All listed chemicals as specified in 21 CFR 1310.02(a) or (b). This includes all chemical mixtures and all overthe-counter (OTC) products and dietary supplements which contain a listed chemical, regardless of their dosage form or packaging and regardless of whether the chemical mixture, drug product or dietary supplement is exempt from regulatory controls. (2-nitroprop-1-en-1-yl)benzene (1phenyl-2-nitropropene; P2NP) 1-(4-bromophenyl)propan-1-one 1-(4-chlorophenyl)propan-1-one 1-(4-methylphenyl)propan-1-one 1,1′-carbonyldiimidazole 1,1-dichloro-1-fluoroethane (e.g., Freon 141B) 1-benzylpiperidin-4-one (N-benzyl-4piperidone) 1-chloro-N-methyl-1-phenylpropan-2amine (chloroephedrine; chloropseudoephedrine) 1-phenylbutan-1-one 1-phenylpentan-1-one VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 1-phenylpropan-1-one 2,5-dimethoxyphenethylamine 2-bromo-1-(4-chlorophenyl)propan-1one 2-bromo-1-(4-methoxyphenyl)propan-1one 2-bromo-1-(4-methylphenyl)propan-1one 2-bromo-1-phenylpentan-1-one 2-bromo-1-phenylpropan-1-one 3-methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid; P2P glycidic acid) and its esters (e.g., methyl 3-methyl-3-phenyloxirane2-carboxylate (BMK methyl glycidate); ethyl 3-methyl-3phenyloxirane-2-carboxylate (BMK ethyl glycidate)) 3-oxo-2-phenylbutanoic acid and its esters (e.g., alpha-phenylacetoacetic acid; ethyl 3-oxo-2-phenylbutanoate (EAPA)) 5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4-methylenedioxyphenyl-2nitropropene; 3,4-MDP2NP) ammonia gas ammonium formate azobisisobutyronitrile bromobenzene butane-1,4-diol (1,4-butanediol) cyclohexanone diethylamine and its salts ethyl 3-oxo-4-phenylbutanoate ethyl-3-(1,3-benzodioxol-5-yl)-2methyloxirane-2-carboxylate (3,4MDP-2-P ethyl glycidate) formamide formic acid lithium aluminum hydride lithium metal magnesium metal (turnings) mercuric chloride methyl 2-(1,3-benzodioxol-5-yl)-3oxobutanoate (MAMDPA; MDMAPA) N-methylformamide organomagnesium halides (Grignard reagents) (e.g., ethylmagnesium bromide and phenylmagnesium bromide) ortho-toluidine phenethyl bromide ((2bromoethyl)benzene) phenylethanolamine and its salts phosphorus pentachloride potassium dichromate propionyl chloride pyridine and its salts sodium borohydride sodium dichromate sodium metal sodium triacetoxyborohydride tert-butyl 4-((4fluorophenyl)amino)piperidine-1carboxylate (para-fluoro 1-boc-4– AP) thioglycolic acid and its esters (e.g., methyl thioglycolate) thionyl chloride PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 39481 trichloromonofluoromethane (e.g., Freon-11, Carrene-2) trichlorotrifluoroethane (e.g., Freon 113) Equipment: hydrogenators tableting machines, including punches and dies encapsulating machines 22 liter heating mantels The Attorney General has delegated authority under the CSA and all subsequent amendments to the CSA to the Administrator of the DEA pursuant to 28 CFR 0.100.These proposed update to the Special Surveillance List will be finalized upon the publication of a notice that updates the Special Surveillance List. The Special Surveillance List may be updated as needed to reflect changes in the chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals by publication of a notice in the Federal Register. DEA will disseminate the updated Special Surveillance List as widely as possible upon any final notice updating the current Special Surveillance List. In addition, the Special Surveillance List will be available on the DEA Diversion Control homepage at https:// www.deadiversion.usdoj.gov/upon publication of a notice that updates the Special Surveillance List. Regulatory Analyses The proposed updates to the Special Surveillance List would apply to all individuals and firms which distribute the listed chemicals and laboratory supplies (chemicals, products, materials, or equipment) on the list. This notice to update the Special Surveillance List does not impose any recordkeeping or reporting requirements for any of the laboratory supplies. Thus, the surveillance list will have a negligible impact on affected parties. As noted above, the notice of proposed updates to the Special Surveillance List serves two purposes. First, it informs individuals and firms of the potential use of the items on the list in the manufacture of controlled substances and listed chemicals. Second, it reminds individuals and firms that civil penalties may be imposed on them if they distribute a laboratory supply to a person any time after the two-week period following receipt of written notification by the Attorney General that the person has used, attempted to use, or distributed the laboratory supply further for the unlawful production of controlled substances or listed chemicals. These proposed updates will provide an increased level of law enforcement E:\FR\FM\16JNN1.SGM 16JNN1 39482 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices control to prevent the diversion of laboratory supplies used for the manufacture of listed chemicals and controlled substances. It will not, however, impose any new regulatory burden on the public. Nevertheless, since no updates have been made since May 13, 1999, when DEA originally published its final rule regarding the Special Surveillance List,7 DEA is providing the opportunity for comment. This notice of proposed updates fulfills the requirement imposed by Section 205 of the MCA that the Attorney General shall publish a Special Surveillance List which contains chemicals, products, materials, or equipment used in the manufacture of listed chemicals and controlled substances. * * * * * Transaction Record, ATF Form 4473 (5300.9). FOR FURTHER INFORMATION CONTACT: Jason Gluck, telephone: 202–648–7190. SUPPLEMENTARY INFORMATION: Correction: The publication is a duplicate and the correct 30-day notice was published on May 17, 2023. DATES: Comments are encouraged and will be accepted for 30 days until June 16, 2023. Interested and affected parties should respond to the 30-day notice published on May 17, 2023. Dated: June 12, 2023. John Carlson, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2023–12935 Filed 6–15–23; 8:45 am] BILLING CODE 4410–FY–P Signing Authority This document of the Drug Enforcement Administration was signed on June 12, 2023, by Administrator Anne Milgram. That document with the original signature and date 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. Scott Brinks, Federal Register Liaison Officer, Drug Enforcement Administration. [FR Doc. 2023–12893 Filed 6–15–23; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE [OMB Number 1140–0020] Agency Information Collection Activities; Firearms Transaction Record/Registro de Transaccio´n de Armas de Fuego; Correction Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION: Notice; correction. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), published a document in the Federal Register of May 26, 2023, concerning request for comments on the Firearms SUMMARY: 7 Id. VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate Updates for Non-Range Occupations Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration of the Department of Labor (DOL) is issuing this notice to announce updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, and paid by employers to H–2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States (U.S.) similarly employed will not be adversely affected. In this notice, DOL announces the AEWRs based on wage data reported by DOL’s Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey. The AEWRs established in this notice are applicable to H–2A job opportunities classified: in Standard Occupational Classification (SOC) codes other than the six SOC codes comprising the field and livestock workers (combined) group, and in the field and livestock workers (combined) occupational group that are located in SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 States or regions, or equivalent districts or territories, for which the United States Department of Agriculture’s Farm Labor Report (better known as the Farm Labor Survey, or FLS) does not report a wage. DATES: These rates are effective July 1, 2023. FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Room N–5311, Washington, DC 20210, telephone: (202) 693–8200 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone numbers above via TTY/TDD by calling the toll-free Federal Information Relay Service at 1 (877) 889–5627. SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer’s petition for the admission of H–2A nonimmigrant temporary and seasonal agricultural workers in the U.S. unless the petitioner has received an H–2A labor certification from DOL. DOL issues such labor certification when it determines that: (1) there are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. See 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100. DOL’s H–2A regulations at 20 CFR 655.122(l) provide that employers must pay their H–2A workers in non-range occupations 1 and workers in corresponding employment at least the highest of: (i) the AEWR; (ii) a prevailing wage rate if the Office of Foreign Labor Certification (OFLC) Administrator has approved a prevailing wage survey for the applicable crop activity or agricultural activity and, if applicable, a distinct work task or tasks performed in that activity; (iii) the agreed-upon collective bargaining wage rate; (iv) the Federal minimum wage rate; or (v) the State minimum wage rate, whichever is highest, for every hour or portion thereof worked during 1 Range occupations (i.e., herding and production of livestock on the range) are subject to 20 CFR 655.200 through 655.235, which include a wage obligation provision at 20 CFR 655.210(g) and a minimum monthly AEWR at 20 CFR 655.211. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39479-39482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12893]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-1086]


Special Surveillance List of Chemicals, Products, Materials and 
Equipment Used in the Manufacture of Controlled Substances and Listed 
Chemicals

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of proposed updates to special surveillance list.

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SUMMARY: The Controlled Substances Act provides for civil penalties for 
the distribution of a laboratory supply to a person who uses, or 
attempts to use, that laboratory supply to manufacture a controlled 
substance or a listed chemical, if that distribution was made with 
reckless disregard for the illegal uses to which such laboratory supply 
will be put. The term laboratory supply is defined as a listed chemical 
or any chemical, substance, or item on a special surveillance list 
published by the Attorney General which contains chemicals, products, 
materials, or equipment used in the manufacture of controlled 
substances and listed chemicals. The Drug Enforcement Administration is 
hereby publishing a notice of proposed updates to the Special 
Surveillance List.

DATES: Comments must be submitted electronically or postmarked on or 
before July 17, 2023. Commenters should be aware that the electronic 
Federal Docket Management System will not accept any comments after 
11:59 p.m. Eastern Time on the last day of the comment period.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-1086'' on all electronic and written correspondence, 
including any attachments.
     Electronic comments: The Drug Enforcement Administration 
encourages that all comments be submitted electronically through the 
Federal eRulemaking Portal which provides the ability to type short 
comments directly into the comment field on the web page or attach a 
file for lengthier comments. Please go to https://www.regulations.gov 
and follow the online instructions at that site for submitting 
comments. Upon completion of your submission, you will receive a 
Comment Tracking Number for your comment. Please be aware that 
submitted comments are not instantaneously available for public view on 
Regulations.gov. If you have received a Comment Tracking Number, your 
comment has been successfully submitted and there is no need to 
resubmit the same comment.
     Paper comments: Paper comments that duplicate electronic 
submissions are not necessary. Should you wish to mail a paper comment, 
in lieu of an electronic comment, it should be sent via regular or 
express mail to: Drug Enforcement Administration, Attn: DEA Federal 
Register Representative/DPW, 8701 Morrissette Drive, Springfield, 
Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical 
Evaluation Section, Diversion Control Division, Drug Enforcement 
Administration; Telephone: (571) 362-3249.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received in response to this docket 
are considered part of the public record. They will, unless reasonable 
cause is given, be made available by the Drug Enforcement 
Administration (DEA) for public inspection online at https://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. The Freedom of Information Act applies to all comments 
received. If you want to submit personal identifying information (such 
as your name, address, etc.) as part of your comment, but do not want 
it to be made publicly available, you must include the phrase 
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your 
comment. You must also place all of the personal identifying 
information you do not want made publicly available in the first 
paragraph of your comment and identify what information you want 
redacted.

[[Page 39480]]

    If you want to submit confidential business information as part of 
your comment, but do not want it to be made publicly available, you 
must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the 
first paragraph of your comment. You must also prominently identify the 
confidential business information to be redacted within the comment.
    Comments containing personal identifying information or 
confidential business information identified as directed above will be 
made publicly available in redacted form. If a comment has so much 
confidential business information that it cannot be effectively 
redacted, all or part of that comment may not be made publicly 
available. Comments posted to https://www.regulations.gov may include 
any personal identifying information (such as name, address, and phone 
number) included in the text of your electronic submission that is not 
identified as directed above as confidential.
    An electronic copy of this proposal is available at https://www.regulations.gov for easy reference.

Background

    The Controlled Substances Act (CSA), as amended by the 
Comprehensive Methamphetamine Control Act of 1996 (MCA), provides for 
the publication of a Special Surveillance List by the Attorney 
General.\1\ The Special Surveillance List identifies laboratory 
supplies which are used in the manufacture of controlled substances and 
listed chemicals. The CSA defines ``laboratory supply'' as ``a listed 
chemical or any chemical, substance, or item on a special surveillance 
list published by the Attorney General which contains chemicals, 
products, materials, or equipment used in the manufacture of controlled 
substances and listed chemicals.'' \2\ The CSA provides for a civil 
penalty of not more than $250,000 for the distribution of a laboratory 
supply to a person who uses, or attempts to use, that laboratory supply 
to manufacture a controlled substance or a listed chemical, if that 
distribution was made with ``reckless disregard'' for the illegal uses 
to which such a laboratory supply will be put.\3\ The CSA further 
states that, for purposes of 21 U.S.C. 842(a)(11), ``there is a 
rebuttable presumption of reckless disregard at trial if the Attorney 
General notifies a firm in writing that a laboratory supply sold by the 
firm, or any other person or firm, has been used by a customer of the 
notified firm, or distributed further by that customer, for the 
unlawful production of controlled substances or listed chemicals a firm 
distributes and 2 weeks or more after the notification the notified 
firm distributes a laboratory supply to the customer.'' \4\
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    \1\ 21 U.S.C. 842(a).
    \2\ Id.
    \3\ 21 U.S.C. 842(c)(2)(C). This civil monetary penalty has been 
adjusted for inflation. For penalties assessed after January 30, 
2023, with respect to violations occurring after November 2, 2015, 
the maximum penalty is $470,640. 88 FR 5776, 5780.
    \4\ 21 U.S.C. 842(a).
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    The publication of the Special Surveillance List serves two 
purposes. First, it informs individuals and firms of the potential use 
of the items on the list in the manufacture of controlled substances 
and listed chemicals. Second, it reminds individuals and firms that 
civil penalties may be imposed on them if they distribute a laboratory 
supply to a person who uses, or attempts to use, that laboratory supply 
to manufacture a controlled substance or a listed chemical, in 
violation of the CSA, with reckless disregard for the illegal uses to 
which such a laboratory supply will be put.\5\ The publication of an 
updated Special Surveillance List will provide an increased level of 
public awareness and law enforcement control to prevent the diversion 
of laboratory supplies used for the manufacture of listed chemicals and 
controlled substances.
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    \5\ 21 U.S.C. 842(a)(11).
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    The first Special Surveillance List was published in 1999 and has 
not been updated since.\6\ Although the CSA does not require notice and 
comment for changes to the Special Surveillance List, DEA is providing 
notice of proposed changes and an opportunity for the public to comment 
because the list has not been updated in over 23 years.
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    \6\ 64 FR 25910 (May 13, 1999).
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    In developing the proposed updates to the Special Surveillance 
List, DEA consulted with federal, state, local, and foreign law 
enforcement officials, forensic laboratory authorities, intelligence 
groups, drug profiling programs, and international organizations. DEA 
examined clandestine laboratory seizure reports and drug profiling 
reports for information regarding (1) illicit drug production methods; 
(2) chemicals actually used in the clandestine production of controlled 
substances and listed chemicals; and (3) the role and importance of 
chemicals used in the synthesis of controlled substances and listed 
chemicals. In addition, DEA considered the legitimate uses and market 
for these chemicals. The proposed updates to the Special Surveillance 
List includes chemicals used in the production of synthetic drugs such 
as fentanyl, amphetamine, methamphetamine, PCP, LSD, and other 
controlled substances and listed chemicals.
    DEA is proposing to update the Special Surveillance List by adding 
the following laboratory supplies to the existing Special Surveillance 
List:

Chemicals, including their salts whenever the existence of such salts 
is possible:
(2-nitroprop-1-en-1-yl)benzene (1-phenyl-2-nitropropene; P2NP)
1-(4-bromophenyl)propan-1-one
1-(4-chlorophenyl)propan-1-one
1-(4-methylphenyl)propan-1-one
1-benzylpiperidin-4-one (N-benzyl-4-piperidone)
1-chloro-N-methyl-1-phenylpropan-2-amine (chloroephedrine; 
chloropseudoephedrine)
1-phenylbutan-1-one
1-phenylpentan-1-one
1-phenylpropan-1-one
2-bromo-1-(4-chlorophenyl)propan-1-one
2-bromo-1-(4-methoxyphenyl)propan-1-one
2-bromo-1-(4-methylphenyl)propan-1-one
2-bromo-1-phenylpentan-1-one
2-bromo-1-phenylpropan-1-one
3-methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid; P2P 
glycidic acid) and its esters (e.g. methyl 3-methyl-3-phenyloxirane-2-
carboxylate (BMK methyl glycidate); ethyl 3-methyl-3-phenyloxirane-2-
carboxylate (BMK ethyl glycidate))
phenethyl bromide ((2-bromoethyl)benzene)
3-oxo-2-phenylbutanoic acid and its esters (e.g., alpha-
phenylacetoacetic acid; ethyl 3-oxo-2-phenylbutanoate (EAPA))
5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4-methylenedioxyphenyl-2-
nitropropene; 3,4-MDP2NP)
azobisisobutyronitrile
butane-1,4-diol (1,4-butanediol)
ethyl 3-oxo-4-phenylbutanoate
ethyl-3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylate (3,4-MDP-
2-P ethyl glycidate)
methyl 2-(1,3-benzodioxol-5-yl)-3-oxobutanoate (MAMDPA; MDMAPA)
propionyl chloride
sodium borohydride
sodium triacetoxyborohydride
tert-butyl 4-((4-fluorophenyl)amino)piperidine-1-carboxylate (para-
fluoro 1-boc-4-AP)
thioglycolic acid and its esters (e.g., methyl thioglycolate)


[[Page 39481]]


    In addition to the chemicals listed above, DEA is proposing to 
update the listing of tableting machines under equipment to explicitly 
include punches and dies. DEA proposes to update the listing of 
tableting machines to read as follows:

Equipment:
tableting machines, including punches and dies

    The Special Surveillance List continues to include all listed 
chemicals as specified in 21 CFR 1310.02(a) or (b). DEA is proposing to 
remove two individually listed chemicals from the Special Surveillance 
List (hypophosphorus acid and red phosphorus) given that those 
chemicals have since been added to List I and are, therefore, 
automatically included as laboratory supplies. The phrase ``all listed 
chemicals'' includes all chemical mixtures and all over-the-counter 
(OTC) pharmaceutical products and dietary supplements which contain a 
listed chemical, regardless of their dosage form or packaging and 
regardless of whether the chemical mixture, drug product or dietary 
supplement is exempt from regulatory controls. The following is the 
proposed update to Special Surveillance List for laboratory supplies 
used in the manufacture of controlled substances and listed chemicals, 
including the additions listed above:

Special Surveillance List Published Pursuant to 21 U.S.C. 842(a)

Chemicals, including their salts whenever the existence of such salts 
is possible:
All listed chemicals as specified in 21 CFR 1310.02(a) or (b). This 
includes all chemical mixtures and all over-the-counter (OTC) products 
and dietary supplements which contain a listed chemical, regardless of 
their dosage form or packaging and regardless of whether the chemical 
mixture, drug product or dietary supplement is exempt from regulatory 
controls.
(2-nitroprop-1-en-1-yl)benzene (1-phenyl-2-nitropropene; P2NP)
1-(4-bromophenyl)propan-1-one
1-(4-chlorophenyl)propan-1-one
1-(4-methylphenyl)propan-1-one
1,1'-carbonyldiimidazole
1,1-dichloro-1-fluoroethane (e.g., Freon 141B)
1-benzylpiperidin-4-one (N-benzyl-4-piperidone)
1-chloro-N-methyl-1-phenylpropan-2-amine (chloroephedrine; 
chloropseudoephedrine)
1-phenylbutan-1-one
1-phenylpentan-1-one
1-phenylpropan-1-one
2,5-dimethoxyphenethylamine
2-bromo-1-(4-chlorophenyl)propan-1-one
2-bromo-1-(4-methoxyphenyl)propan-1-one
2-bromo-1-(4-methylphenyl)propan-1-one
2-bromo-1-phenylpentan-1-one
2-bromo-1-phenylpropan-1-one
3-methyl-3-phenyloxirane-2-carboxylic acid (BMK glycidic acid; P2P 
glycidic acid) and its esters (e.g., methyl 3-methyl-3-phenyloxirane-2-
carboxylate (BMK methyl glycidate); ethyl 3-methyl-3-phenyloxirane-2-
carboxylate (BMK ethyl glycidate))
3-oxo-2-phenylbutanoic acid and its esters (e.g., alpha-
phenylacetoacetic acid; ethyl 3-oxo-2-phenylbutanoate (EAPA))
5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4-methylenedioxyphenyl-2-
nitropropene; 3,4-MDP2NP)
ammonia gas
ammonium formate
azobisisobutyronitrile
bromobenzene
butane-1,4-diol (1,4-butanediol)
cyclohexanone
diethylamine and its salts
ethyl 3-oxo-4-phenylbutanoate
ethyl-3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylate (3,4-MDP-
2-P ethyl glycidate)
formamide
formic acid
lithium aluminum hydride
lithium metal
magnesium metal (turnings)
mercuric chloride
methyl 2-(1,3-benzodioxol-5-yl)-3-oxobutanoate (MAMDPA; MDMAPA)
N-methylformamide
organomagnesium halides (Grignard reagents) (e.g., ethylmagnesium 
bromide and phenylmagnesium bromide)
ortho-toluidine
phenethyl bromide ((2-bromoethyl)benzene)
phenylethanolamine and its salts
phosphorus pentachloride
potassium dichromate
propionyl chloride
pyridine and its salts
sodium borohydride
sodium dichromate
sodium metal
sodium triacetoxyborohydride
tert-butyl 4-((4-fluorophenyl)amino)piperidine-1-carboxylate (para-
fluoro 1-boc-4-AP)
thioglycolic acid and its esters (e.g., methyl thioglycolate)
thionyl chloride
trichloromonofluoromethane (e.g., Freon-11, Carrene-2)
trichlorotrifluoroethane (e.g., Freon 113)
Equipment:
hydrogenators
tableting machines, including punches and dies
encapsulating machines
22 liter heating mantels

    The Attorney General has delegated authority under the CSA and all 
subsequent amendments to the CSA to the Administrator of the DEA 
pursuant to 28 CFR 0.100.These proposed update to the Special 
Surveillance List will be finalized upon the publication of a notice 
that updates the Special Surveillance List. The Special Surveillance 
List may be updated as needed to reflect changes in the chemicals, 
products, materials, or equipment used in the manufacture of controlled 
substances and listed chemicals by publication of a notice in the 
Federal Register. DEA will disseminate the updated Special Surveillance 
List as widely as possible upon any final notice updating the current 
Special Surveillance List. In addition, the Special Surveillance List 
will be available on the DEA Diversion Control homepage at https://www.deadiversion.usdoj.gov/upon publication of a notice that updates 
the Special Surveillance List.

Regulatory Analyses

    The proposed updates to the Special Surveillance List would apply 
to all individuals and firms which distribute the listed chemicals and 
laboratory supplies (chemicals, products, materials, or equipment) on 
the list. This notice to update the Special Surveillance List does not 
impose any recordkeeping or reporting requirements for any of the 
laboratory supplies. Thus, the surveillance list will have a negligible 
impact on affected parties.
    As noted above, the notice of proposed updates to the Special 
Surveillance List serves two purposes. First, it informs individuals 
and firms of the potential use of the items on the list in the 
manufacture of controlled substances and listed chemicals. Second, it 
reminds individuals and firms that civil penalties may be imposed on 
them if they distribute a laboratory supply to a person any time after 
the two-week period following receipt of written notification by the 
Attorney General that the person has used, attempted to use, or 
distributed the laboratory supply further for the unlawful production 
of controlled substances or listed chemicals.
    These proposed updates will provide an increased level of law 
enforcement

[[Page 39482]]

control to prevent the diversion of laboratory supplies used for the 
manufacture of listed chemicals and controlled substances. It will not, 
however, impose any new regulatory burden on the public. Nevertheless, 
since no updates have been made since May 13, 1999, when DEA originally 
published its final rule regarding the Special Surveillance List,\7\ 
DEA is providing the opportunity for comment. This notice of proposed 
updates fulfills the requirement imposed by Section 205 of the MCA that 
the Attorney General shall publish a Special Surveillance List which 
contains chemicals, products, materials, or equipment used in the 
manufacture of listed chemicals and controlled substances.
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    \7\ Id.
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* * * * *

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
June 12, 2023, by Administrator Anne Milgram. That document with the 
original signature and date 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.

Scott Brinks,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2023-12893 Filed 6-15-23; 8:45 am]
BILLING CODE 4410-09-P
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