The National Highway Traffic Safety Administration set new procedures for obtaining exemptions from the vehicle theft prevention standard for vehicles equipped with immobilizers, in a final rule issued Sept. 29 (here). The agency is streamlining the exemption procedure for immobilizer-equipped vehicles by adding performance criteria that “closely follow” Canadian performance requirements, NHTSA said. “After this final rule, it would be sufficient for a manufacturer seeking the exemption of some of its vehicles to provide data showing that the device meets the performance criteria, as well as a statement that the device is durable and reliable,” it said. “Adopting these performance criteria for immobilizers bring[s] the U.S. anti-theft requirements more into line with those of Canada.” The final rule takes effect Nov. 28.
The Fish and Wildlife Service on Sept. 29 issued a final rule (here) listing the Big Pine partridge pea, wedge spurge and sand flax as endangered under the Endangered Species Act, and Blodgett's silverbush as threatened. All are plant species from South Florida. New import and export restrictions set by the agency’s final rule takes effect Oct. 31.
The Fish and Wildlife Service is banning imports of 10 species of fish and one species of crayfish (here). An FWS final rule that takes effect Oct. 31 adds the crucian carp (Carassius carassius), Eurasian minnow (Phoxinus phoxinus), Prussian carp (Carassius gibelio), roach (Rutilus rutilus), stone moroko (Pseudorasbora parva), Nile perch (Lates niloticus), Amur sleeper (Perccottus glenii), European perch (Perca fluviatilis), zander (Sander lucioperca) and wels catfish (Silurus glanis) to the agency’s list of injurious fish, and the crayfish species common yabby (Cherax destructor) to its list of injurious crustaceans. The listings will prohibit the importation of any live animal, gamete, viable egg or hybrid of these 10 fish and one crayfish into the U.S., except as specifically authorized, FWS said.
The Drug Enforcement Administration permanently placed three synthetic phenethylamines -- 25I-NBOMe, 25C-NBOMe and 25B-NBOMe -- into Schedule I of the Controlled Substances Act, in a final rule (here). Though the final rule takes effect Oct. 27, these substances were already temporarily listed in Schedule I and subject to registration, labeling, recordkeeping, and import and export requirements, the DEA said.
The Drug Enforcement Administration said it intends to temporarily add the synthetic opioid furanyl fentanyl to Schedule I of the Controlled Substances Act (here). DEA can issue a final order temporarily adding the substance after a period of 30 days passes. If issued, the final order will take effect immediately and will stay in effect for a maximum of three years, pending completion of a permanent scheduling order.
A proposal to change the rules of origin under the U.S.-Chile free trade agreement for artificial filament yarn would have only a marginal effect on total U.S. imports and exports, and U.S. industry, the International Trade Commission said in a report requested by the Office of the U.S. Trade Representative (here). Launched in June, the review vetted a proposed change agreed to by U.S. and Chilean negotiators to allow goods of subheadings 5408.22 and 5408.23 to qualify for preferences under the U.S.-Chile FTA after a change from certain headings under the same chapter (see 1606220009). Currently, goods under the subheadings only qualify with a change from another chapter. The proposed modification would allow the use of more non-originating rayon filament yarns, the ITC said in a statement. “Because U.S. imports from Chile are a small portion of total U.S imports of dyed and yarn-dyed woven fabrics, the likely effect on total U.S. imports of these products is negligible,” the ITC said. “Similarly, because the United States did not export any of these goods to Chile in 2015 and U.S. exports of these goods to Chile represented less than 1 percent of total U.S. exports in 2014, the likely effect of the proposed modification on total U.S. exports would be negligible.”
The Fish and Wildlife Service announced tentative negotiating positions for the upcoming meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), scheduled for Sept. 24 through Oct. 5 in Johannesburg, South Africa. The agency's notice (here) includes "negotiating positions on amendments to the CITES Appendices (species proposals), draft resolutions and decisions, and agenda items submitted by other countries and the CITES Secretariat for consideration."
Cargo shipments of recalled lithium cells or batteries or portable electronic devices, such as the Samsung Galaxy Note7, require a permit from the Pipeline and Hazardous Materials Safety Administration (PHMSA) associate administrator for hazardous materials safety, PHMSA said in a safety advisory (here). The Consumer Product Safety Commission issued a recall notice for the device due to a fire hazard (see 1609160009). Passengers or crew can only carry such devices aboard aircraft if they take certain steps, such as turning of the device and preventing accidental activation, beforehand, PHMSA said.
The Fish and Wildlife Service will add five species of animals from American Samoa to the Endangered Species List. The agency’s final rule (here) lists as endangered two native land snails (Eua zebrina and Ostodes strigatus), the American Samoa distinct population segment of the friendly ground-dove, the Pacific sheath-tailed bat (South Pacific subspecies) (Emballonura semicaudata semicaudata), and the mao (Gymnomyza samoensis). Import and export restrictions set by the agency’s final rule take effect Oct. 24.
The California Office of Environmental Health Hazard Assessment (OEHHA) intends to add perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) -- both surfactants used in carpets, textiles, leather, non-stick cookware and paper coatings to confer stain, grease and water resistance -- to its list of chemicals that can cause cancer, birth defects or other reproductive harm (Proposition 65 list), it said (here). Proposition 65 requires warning labels on products that contain certain listed chemicals. Comments on the proposals are due Oct. 17.