The Bureau of Industry and Security (BIS) has issued an advance notice of proposed rulemaking (ANPR) and request for comments to consider amendments to the Export Administration Regulations (EAR) at 15 CFR Part 740 to further the national security interests of the U.S. by designating a new Country Group C for countries that are "Destinations of Diversion Concern."
The Journal of Commerce reports that Michael Laden, former executive with Target Corp., says C-TPAT has not delivered on its promise of expedited trade, as the three benefit tiers do not have bright lines of distinction among them. According to Laden, at the end of the day, there isn't a lot of benefit in joining. (JoC, 01/22/07, www.joc.com )
The Journal of Commerce states that this year Customs will set up a pilot program to allow private companies to validate C-TPAT supply chains in China. The article states that the U.S. is taking this action as C-TPAT mutual recognition with China is not likely anytime soon, it satisfies a requirement in the SAFE Port Act, etc. (JoC 01/22/07, www.joc.com)
The Journal of Commerce reports that for the railroads, hazmat liability costs have soared; and, hazmat truckers are experiencing dramatic cost increases as drivers, already in short supply, become scarcer and competitors leave the industry. The article states that part of the problem is the sweeping number of products considered hazardous under federal rules, from highly toxic gases to nail polish. (JoC, dated 01/15/07, www.joc.com )
According to a column in The Journal of Commerce, professionals predict that the Los Angeles/Long Beach ports will be virtually gridlocked by the end of 2010, as local voters and politicians have decided that the environment and infrastructure are all but maxed out. (JoC, dated 01/15/07, www.joc.com )
The Food and Drug Administration (FDA) has issued a notice announcing the availability of proposed and final documents that have been prepared by certain Study Groups of the Global Harmonization Task Force (GHTF). These documents represent a harmonized proposal and recommendation from the GHTF Study Groups that may be used by governments developing and updating their regulatory requirements for medical devices. FDA states that it is requesting comments on these documents (comments on proposed documents are due by May 7, 2007). GHTF documents are available at http://www.ghtf.org/. (FDA notice, D/N 2007D-0031, FR Pub 02/06/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1864.pdf)
The Federal Aviation Administration (FAA) has issued a notice of availability and request for comments on draft advisory circulars, other policy documents, and proposed technical standard orders currently offered by Aviation Safety. The FAA states that these proposed non-regulatory documents are available for public comment at http://www.faa.gov/aircraft/draft_docs/. The FAA must receive comments on or before the due date for each document as specified on the Web site. (FR Pub 02/01/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-435.pdf)
The State Department's Washington File reports that President Bush has asked Congress to renew Trade Promotion Authority (TPA, also known as "fast track"), which expires on July 1, 2007. According to the article, TPA allows the President to negotiate trade agreements and then send them to Congress for an up-or-down vote without amendment and on a strict timetable. The article notes that the Administration would have to submit any agreement covered by the existing TPA by April 2, 2007. (Washington File dated 01/31/07, available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2007&m=January&x=20070131160754FJreffahcS0.9970667.)
The Bureau of Industry and Security (BIS) has issued a final rule, effective January 26, 2007, which amends 15 CFR Parts 732, 738, 740, 742, 746, 772, and 774 of the Export Administration Regulations (EAR) to impose license requirements for the export and reexport of virtually all items subject to the EAR to North Korea, including luxury goods, except food and medicines not listed on the Commerce Control List (CCL).
In its recent Annual Review and Outlook, The Journal of Commerce reported that the following eight issues could put shippers and carriers in a bind in 2007: huge security mandates; a dwindling labor pool; environmental costs; aging infrastructure; a hostile Congress; slowing economy; soaring rail rates; and high fuel prices. (JoC, dated 01/08/07, www.joc.com.)