Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Manufacture of Controlled Substances and Listed Chemicals, 39479-39482 [2023-12893]
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Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
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Suzanne Morris,
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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
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Jkt 259001
description of each, is available at
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its original notification pursuant to
section 6(a) of the Act. The Department
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The last notification was filed with
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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:
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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.
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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.
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17:43 Jun 15, 2023
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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
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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)
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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
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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
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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
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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.
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17:43 Jun 15, 2023
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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:
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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