73044 Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 

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). 

5 21 U.S.C. 842(a)(11). 

6 64 FR 25910 (May 13, 1999). 

7 88 FR 39479 (June 16, 2023). 

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 

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

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. 

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 


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Federal Register / Vol. 88, No. 204 / Tuesday, October 24, 2023 / Notices 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-phenyloxirane2-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-phenyloxirane2-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) 


ddrumheller on DSK120RN23PROD with NOTICES1
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 

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 

DEPARTMENT OF LABOR 

President’s Committee on the 

International Labor Organization 

Charter Renewal 

AGENCY: Bureau of International Labor 

Affairs, Labor. 

ACTION: Notice of charter renewal. 

SUMMARY: 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 

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. 

Thea Mei Lee, 

Deputy Undersecretary for International 

Affairs. 

[FR Doc. 2023–23409 Filed 10–23–23; 8:45 am] 

BILLING CODE 4510–28–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0042] 

Gear Certification Standard (29 CFR 

Part 1919); Extension of the Office of 

Management and Budget (OMB) 

Approval of Information Collection 

(Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: 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 http://

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 http://

www.regulations.gov. Documents in the 


ddrumheller on DSK120RN23PROD with NOTICES1