The Fish and Wildlife Service is removing the Colorado butterfly plant (Oenothera coloradensis, currently listed as Gaura neomexicana ssp. coloradensis), a perennial herb found in Colorado, Wyoming and Nebraska, from the Endangered Species List, it said in a final rule. "Threats to the Colorado butterfly plant have been eliminated or reduced to the point that it has recovered," and the plant "is no longer likely to become endangered in the foreseeable future" so "no longer meets the definition of a threatened species," FWS said. The delisting takes effect Dec. 5.
The Drug Enforcement Administration is extending for one more year the temporary listing of FUB-AMB in schedule I of the Controlled Substances Act, it said. The synthetic cannabinoid, first temporarily listed in 2017, will now remain listed in schedule I until Nov. 3, 2020. DEA also issued a proposed rule to permanently list FUB-AMB in schedule I, with comments due Nov. 29. Substances may only be temporarily listed under the CSA for three years.
The Federal Communications Commission released a draft proposal Oct. 29 to ban equipment from Chinese vendors Huawei and ZTE from networks funded by the Universal Service Fund. Huawei signaled it will fight. Commissioners are scheduled to vote Nov. 19. President Donald Trump issued an executive order in May that bars imports and other "transactions involving information and communications technology [ICT] or services" without a broad interagency review (see 1905160019).
The Federal Trade Commission is adopting the proposed changes (see 1903130035) to its energy labeling rule to make it “easier to use by reorganizing several sections, amending language to increase clarity, and eliminating several obsolete provisions,” the FTC said in a notice. The agency said the changes will have no substantive impact on the rules for label content, disclosure requirements or product coverage.
The Drug Enforcement Administration permanently placed the synthetic opioids cyclopropyl fentanyl, methoxyacetyl fentanyl, ortho-fluorofentanyl, and para-fluorobutyryl fentanyl into Schedule I of the Controlled Substances Act, in a final order. These substances had already been temporarily listed in Schedule I, so are already subject to import and export restrictions applicable to Schedule I controlled substances. The final order takes effect Oct. 25.
The Drug Enforcement Administration is proposing to amend its regulations on quotas for controlled substances and the list I chemicals ephedrine, pseudoephedrine and phenylpropanolamine. DEA’s proposed rule would define types of quotas, update the method to abandon quota and require that both manufacturers and distributors obtain certification of a buyer’s quota, the agency said. It would also modify quota deadlines, and implement legislative changes to the Controlled Substances Act, DEA said. “The changes are necessary to reduce the potential for diversion, and would align regulations with current manufacturing business practices,” it said. Comments are due Dec. 23.
The Federal Trade Commission should “proceed cautiously” as it ponders changes to its "Made in USA" enforcement policy and weighs developing a new rule, commented the Consumer Technology Association in docket FTC-2019-0063. The commission sought industry feedback on how consumers “interpret” “Made in USA” ad and marketing claims and on the pros and cons of enforcing a possible “bright-line” standard that would green-light a “Made in USA” claim only if a prescribed percentage of a product’s costs are domestically based. This enforcement policy is 22 years old, CTA said. If it moves forward with a reassessment, “it must begin with updated consumer perception evidence,” the association said. “A new study, measuring consumers’ current attitudes and understandings of Made in USA claims, provides a better way to develop potential alternative standards than does considering input on alternatives in the absence of suitable empirical evidence.” Developing a new rule without the evidence “puts the cart well before the horse,” CTA said.
The International Trade Commission posted a sample Miscellaneous Tariff Bill petition and a recording of a recent overview of the MTB petition system. The MTB petition portal is set to open on the morning of Oct. 11 (see 1910010060).
The Fish and Wildlife Service is removing the Kirtland’s warbler (Setophaga kirtlandii), a migrant songbird that breeds in northern Michigan, Wisconsin and Ontario, from the Endangered Species List, it said in a final rule. Threats to the species have been "eliminated or reduced to the point where it no longer meets the definition of an endangered species or a threatened species," FWS said. The delisting takes effect Nov. 8.
The Fish and Wildlife Service is removing the Monito gecko (Sphaerodactylus micropithecus), a lizard native to Puerto Rico's Monito Island, from the Endangered Species List, it said in a final rule. Threats to the species have been "eliminated or reduced to the point where it no longer meets the definition of an endangered species or a threatened species," FWS said. The delisting takes effect Nov. 4.