Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Manufacture of Controlled Substances and Listed Chemicals, 73044-73046 [2023-23478]
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73044
Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices
by posting copies of the notice in the
Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on March
7, 2023 (88 FR 15456). The Commission
conducted its hearing on August 17,
2023. All persons who requested the
opportunity were permitted to
participate.
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on October 18, 2023.
The views of the Commission are
contained in USITC Publication 5466
(October 2023), entitled Stainless Steel
Sheet and Strip from Japan, South
Korea, and Taiwan: Investigation Nos.
701–TA–382 and 731–TA–800, 801, and
803 (Fourth Review).
By order of the Commission.
Issued: October 18, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–23401 Filed 10–23–23; 8:45 am]
BILLING CODE 7020–02–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.
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
final notice to update the Special
Surveillance List.
DATES: This Special Surveillance List is
effective October 24, 2023.
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Terrence L. Boos, Drug and Chemical
Evaluation Section, Diversion Control
Division, Drug Enforcement
Administration; Telephone: (571) 362–
3249.
SUPPLEMENTARY INFORMATION: 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
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
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 (Jan. 30, 2023).
4 21 U.S.C. 842(a).
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Sfmt 4703
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 the updated Special
Surveillance List provides 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 provided notice of proposed
changes and an opportunity for the
public to comment because the list has
not been updated in over 23 years.7
Comments Received
DEA received 29 comments in
response to the notice of proposed
updates to the Special Surveillance List,
all of which were in opposition to the
proposed changes. According to the
commenters, the update to the Special
Surveillance List will further regulate
the chemical industry, which would
impose additional regulatory burdens
on small businesses. Several
commenters also objected to the
addition of three chemicals to the
Special Surveillance List: sodium
borohydride, propiophenone, and
propionyl chloride.
DEA Response: As explained in the
notice of proposed updates to the
Special Surveillance List, the updates
do not impose any new regulatory
burden on the public, and they do not
impose any recordkeeping or reporting
requirements for any of the laboratory
supplies. The chemicals that are being
added to the Special Surveillance List
are not themselves being regulated as
listed chemicals or controlled
substances under the CSA. The Special
Surveillance List is being updated to
reflect changes in the chemicals,
products, materials, or equipment used
in the manufacture of controlled
substances and listed chemicals, to
include additional laboratory supplies
that are used in the illicit manufacture
of controlled substances and listed
chemicals.
Several commenters objected to the
addition of three chemicals to the
Special Surveillance List: sodium
borohydride, propiophenone, and
propionyl chloride. These objections
were devoid of acknowledgement that
5 21
U.S.C. 842(a)(11).
FR 25910 (May 13, 1999).
7 88 FR 39479 (June 16, 2023).
6 64
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Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
these chemicals are used in the illicit
manufacture of controlled substances
and listed chemicals. Specifically,
sodium borohydride is a reducing agent
and can be used in the illicit
manufacture of fentanyl and fentanyl
analogues. Propionyl chloride is a
chemical that can be used in the illicit
manufacture of fentanyl and fentanyl
analogues. Propiophenone is a chemical
that can be used in the illicit
manufacture of several substituted
cathinones that are controlled in
schedule I of the CSA.
In developing the updated 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. The updated 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 updating 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-2nitropropene; 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-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-3phenyloxirane-2-carboxylate (BMK methyl
glycidate); ethyl 3-methyl-3-phenyloxirane2-carboxylate (BMK ethyl glycidate))
phenethyl bromide ((2-bromoethyl)benzene)
3-oxo-2-phenylbutanoic acid and its esters
(e.g., alpha-phenylacetoacetic acid; ethyl 3oxo-2-phenylbutanoate (EAPA))
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17:08 Oct 23, 2023
Jkt 262001
5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4methylenedioxyphenyl-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)-2methyloxirane-2-carboxylate (3,4–MDP–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-4-AP)
thioglycolic acid and its esters (e.g., methyl
thioglycolate)
In addition to the chemicals listed
above, DEA is updating the listing of
tableting machines under equipment to
explicitly include punches and dies.
DEA updates 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 removing 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 updated 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
The Special Surveillance List of laboratory
supplies which are used in the manufacture
of controlled substances and listed chemicals
includes 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. In addition, the
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73045
Special Surveillance List includes the
following:
(2-nitroprop-1-en-1-yl)benzene (1-phenyl-2nitropropene; 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-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-3phenyloxirane-2-carboxylate (BMK methyl
glycidate); ethyl 3-methyl-3-phenyloxirane2-carboxylate (BMK ethyl glycidate))
3-oxo-2-phenylbutanoic acid and its esters
(e.g., alpha-phenylacetoacetic acid; ethyl 3oxo-2-phenylbutanoate (EAPA))
5-(2-nitroprop-1-en-1-yl)benzodioxole (3,4methylenedioxyphenyl-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)-2methyloxirane-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)-3oxobutanoate (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-((4fluorophenyl)amino)piperidine-1carboxylate (para-fluoro 1-boc-4-AP)
thioglycolic acid and its esters (e.g., methyl
thioglycolate)
thionyl chloride
trichloromonofluoromethane (e.g., Freon-11,
Carrene-2)
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73046
Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices
trichlorotrifluoroethane (e.g., Freon 113)
Equipment
hydrogenators
tableting machines, including punches and
dies
encapsulating machines
22 liter heating mantels
ddrumheller on DSK120RN23PROD with NOTICES1
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. 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.
In addition, the Special Surveillance
List will be available on the DEA
Diversion Control homepage at https://
www.deadiversion.usdoj.gov/.
Regulatory Analyses
The updated Special Surveillance List
applies to all individuals and firms
which distribute the listed chemicals
and laboratory supplies (chemicals,
products, materials, or equipment) on
the list. As noted above, 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 with
reckless disregard for the illegal use to
which such a laboratory supply will be
put.
This update provides an increased
level of law enforcement control to
prevent the diversion of laboratory
supplies used for the manufacture of
listed chemicals and controlled
substances. It does not impose any new
regulatory burden on the public as there
are no corresponding recordkeeping or
reporting requirements of the laboratory
supplies. However, it does impose
potential 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. This update fulfills the
requirement imposed by section 205 of
the MCA that the Attorney General shall
publish a Special Surveillance List
which contains chemicals, products,
VerDate Sep<11>2014
17:08 Oct 23, 2023
Jkt 262001
materials, or equipment used in the
manufacture of listed chemicals and
controlled substances.
*
*
*
*
*
Signing Authority
This document of the Drug
Enforcement Administration was signed
on October 18, 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.
responsible for providing the necessary
support for the committee. The
committee is composed of seven ex
officio members: The Secretary of Labor,
the Secretary of State, the Secretary of
Commerce, the Assistant to the
President for National Security Affairs,
the Assistant to the President for
Economic Policy, and one
representative each from organized
labor and the business community,
designated by the Secretary of Labor.
The labor and business members are the
presidents of the American Federation
of Labor and Congress of Industrial
Organizations and the United States
Council for International Business,
respectively, as the most representative
organizations of U.S. workers and
employers engaged in ILO matters.
Authority: The authority for this
notice is granted by FACA (5 U.S.C. 10)
and E.O. 14109 of September 29, 2023.
Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
Thea Mei Lee,
Deputy Undersecretary for International
Affairs.
[FR Doc. 2023–23478 Filed 10–23–23; 8:45 am]
[FR Doc. 2023–23409 Filed 10–23–23; 8:45 am]
BILLING CODE 4410–09–P
BILLING CODE 4510–28–P
DEPARTMENT OF LABOR
DEPARTMENT OF LABOR
President’s Committee on the
International Labor Organization
Charter Renewal
Occupational Safety and Health
Administration
Bureau of International Labor
Affairs, Labor.
ACTION: Notice of charter renewal.
Gear Certification Standard (29 CFR
Part 1919); Extension of the Office of
Management and Budget (OMB)
Approval of Information Collection
(Paperwork) Requirements
AGENCY:
On September 29, 2023,
President Biden continued the
President’s Committee on the
International Labor Organization (ILO)
for two years through September 30,
2025. In response, and pursuant to the
Federal Advisory Committee Act
(FACA), the Department of Labor will
renew the committee’s charter by
November 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Sarah Morgan, Director, Office of
International Relations, Bureau of
International Labor Affairs, U.S.
Department of Labor, telephone (202)
693–8647, Morgan.Sarah.A@dol.gov.
SUPPLEMENTARY INFORMATION:
Purpose: The President’s Committee
on the International Labor Organization
was established in 1980 by Executive
Order (E.O.) 12216 to monitor and
assess the work of the ILO and make
recommendations to the President
regarding United States policy towards
the ILO. The committee is chaired by
the Secretary of Labor and the
Department of Labor’s Bureau of
International Labor Affairs is
SUMMARY:
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[Docket No. OSHA–2010–0042]
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval for the
information collection requirements
specified in its Gear Certification
Standard.
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 26, 2023.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73044-73046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23478]
=======================================================================
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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.
-----------------------------------------------------------------------
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 final notice to update the Special Surveillance
List.
DATES: This Special Surveillance List is effective October 24, 2023.
FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical
Evaluation Section, Diversion Control Division, Drug Enforcement
Administration; Telephone: (571) 362-3249.
SUPPLEMENTARY INFORMATION: 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\
---------------------------------------------------------------------------
\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 (Jan. 30, 2023).
\4\ 21 U.S.C. 842(a).
---------------------------------------------------------------------------
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 the
updated Special Surveillance List provides 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.
---------------------------------------------------------------------------
\5\ 21 U.S.C. 842(a)(11).
---------------------------------------------------------------------------
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 provided
notice of proposed changes and an opportunity for the public to comment
because the list has not been updated in over 23 years.\7\
---------------------------------------------------------------------------
\6\ 64 FR 25910 (May 13, 1999).
\7\ 88 FR 39479 (June 16, 2023).
---------------------------------------------------------------------------
Comments Received
DEA received 29 comments in response to the notice of proposed
updates to the Special Surveillance List, all of which were in
opposition to the proposed changes. According to the commenters, the
update to the Special Surveillance List will further regulate the
chemical industry, which would impose additional regulatory burdens on
small businesses. Several commenters also objected to the addition of
three chemicals to the Special Surveillance List: sodium borohydride,
propiophenone, and propionyl chloride.
DEA Response: As explained in the notice of proposed updates to the
Special Surveillance List, the updates do not impose any new regulatory
burden on the public, and they do not impose any recordkeeping or
reporting requirements for any of the laboratory supplies. The
chemicals that are being added to the Special Surveillance List are not
themselves being regulated as listed chemicals or controlled substances
under the CSA. The Special Surveillance List is being updated to
reflect changes in the chemicals, products, materials, or equipment
used in the manufacture of controlled substances and listed chemicals,
to include additional laboratory supplies that are used in the illicit
manufacture of controlled substances and listed chemicals.
Several commenters objected to the addition of three chemicals to
the Special Surveillance List: sodium borohydride, propiophenone, and
propionyl chloride. These objections were devoid of acknowledgement
that
[[Page 73045]]
these chemicals are used in the illicit manufacture of controlled
substances and listed chemicals. Specifically, sodium borohydride is a
reducing agent and can be used in the illicit manufacture of fentanyl
and fentanyl analogues. Propionyl chloride is a chemical that can be
used in the illicit manufacture of fentanyl and fentanyl analogues.
Propiophenone is a chemical that can be used in the illicit manufacture
of several substituted cathinones that are controlled in schedule I of
the CSA.
In developing the updated 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. The updated
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 updating 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)
In addition to the chemicals listed above, DEA is updating the
listing of tableting machines under equipment to explicitly include
punches and dies. DEA updates 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 removing 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 updated 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
The Special Surveillance List of laboratory supplies which are
used in the manufacture of controlled substances and listed
chemicals includes 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. In addition, the
Special Surveillance List includes the following:
(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)
[[Page 73046]]
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. 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. In addition, the Special Surveillance List will be available
on the DEA Diversion Control homepage at https://www.deadiversion.usdoj.gov/.
Regulatory Analyses
The updated Special Surveillance List applies to all individuals
and firms which distribute the listed chemicals and laboratory supplies
(chemicals, products, materials, or equipment) on the list. As noted
above, 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 with
reckless disregard for the illegal use to which such a laboratory
supply will be put.
This update provides an increased level of law enforcement control
to prevent the diversion of laboratory supplies used for the
manufacture of listed chemicals and controlled substances. It does not
impose any new regulatory burden on the public as there are no
corresponding recordkeeping or reporting requirements of the laboratory
supplies. However, it does impose potential 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. This update 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.
* * * * *
Signing Authority
This document of the Drug Enforcement Administration was signed on
October 18, 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. 2023-23478 Filed 10-23-23; 8:45 am]
BILLING CODE 4410-09-P
