The Environmental Protection Agency issued a final rule setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for eight chemical substances that were the subject of premanufacture notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemicals for an activity that is designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemicals will now become subject to export notification requirements. The final rule takes effect June 22.

The Drug Enforcement Administration is designating norfentanyl as a fentanyl precursor chemical and setting controls for it as a schedule II substance under the Controlled Substances Act, the DEA said in a final rule. “The scheduling of norfentanyl as an immediate precursor of the schedule II controlled substance, fentanyl, subjects norfentanyl to all of the regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, dispensing, importing, and exporting of a schedule II controlled substance,” DEA said. The final rule takes effect May 18.

The Environmental Protection Agency is proposing new reporting requirements for three chemicals under significant new use rules. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due May 18

The scope of the export ban on personal protective equipment is the source of some confusion after CBP issued a memo that laid out multiple exclusions and other information not included in the official notices, said Brian McGrath, a lawyer with Crowell & Moring who spoke on an April 15 webinar. “We hope to see a formal process coming in the next week or so,” he said. According to McGrath, CBP said the release of the memo was “accidental and stated that it cannot be relied on at this time.” The April 9 CBP memo (see 2004090069) said that the ban would only apply to shipments of 10,000 units or more and $25,000 or more, and would exclude exports by U.S. charities, government agencies and 3M. It also said exports to Canada and Mexico aren't banned, and that in-transit shipments couldn't be stopped. CBP didn't comment.

The Drug Enforcement Administration is finalizing controls on benzylfentanyl and 4-anilinopiperidine and their amides, carbamates and salts as list I chemicals under the Controlled Substances Act. The two chemicals are used in the manufacture of fentanyl, DEA said. DEA is not setting a threshold for domestic and international transactions for these chemicals, so all transactions of chemical mixtures containing benzylfentanyl or 4-anilinopiperidine will be regulated at any concentration and will be subject to control under the CSA, the agency said. The final rule takes effect May 15.

The National Customs Brokers & Forwarders Association of America seeks clarification from CBP on a number of issues related to implementation of a ban on exports of personal protective equipment (PPE) recently announced by the Federal Emergency Management Agency (see 2004080018), according to an NCBFAA letter dated April 10. The letter includes questions on the scope of the FEMA notice, including the application of the ban to bonded transactions like warehouse withdrawals and goods in foreign-trade zones, as well as procedures for handling exports of covered PPE, such as processes for requesting FEMA authorization and contact information for FEMA. The letter also requests information on forwarder responsibilities under the policy and forwarder liability for detained PPE shipments. At least one of the questions, on whether the ban applies to exports to Canada and Mexico, was answered by an internal CBP memo dated April 9 that said exports to the two countries are exempt (see 2004090069).

The Drug Enforcement Administration is extending its listing of all “fentanyl-related substances” to Schedule I of the Controlled Substances Act, it said. The agency's temporary scheduling order, which covers “any substance not otherwise controlled in any schedule,” including substances not yet developed as of publication of DEA's notice, “that is structurally related to fentanyl” in certain ways, had been set to expire Feb. 6, 2020. But a law passed that day extended the temporary listing until May 6, 2021, the DEA said.

The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet April 15, remotely, beginning at 1 p.m., CBP said in a notice. Comments are due in writing by April 14.

The Animal and Plant Health Inspection Service is “trying to assess” the impact on its export certification activities of recent decisions by states to close non-essential businesses, the agency said, according to a March 23 update from the National Customs Brokers & Forwarders Association of America. “As of now, we do not have any impacts identified,” APHIS said, as relayed by the NCBFAA. But inquiries on operating status should be directed to local businesses or APHIS offices for the most up-to-date information, it said. “The situation is fluid and we will provide guidance if anything changes,” APHIS said.

The Environmental Protection Agency is proposing new reporting requirements for three chemicals under significant new use rules. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due April 17.