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Regulatory Update: FMCSA proposes rule to clarify that vehicles carrying IBCs are included in tank vehicle definition
Last week, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration published a proposed rule to clarify the new definition of tank vehicle and which drivers must have tank endorsements. In a May 2011 final rule, FMCSA revised the definition of "tank vehicle" to include vehicles carrying intermediate bulk containers with individual capacities of 119 gallons or more and an aggregate capacity of 1000 gallons or more. Under this revised definition, a driver transporting such IBCs must obtain a tank vehicle endorsement on his/her commercial driver's license. Industry, including NACD, raised concerns about this new definition and requirement and asked FMCSA to revisit the new tank vehicle definition to exclude vehicles that are not actually tanks.
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Regulatory Update: DOT publishes final rule to require clearance for hazardous materials trucks at highway-rail grade crossings
Last week, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration and Federal Motor Carrier Safety Administration issued a final rule to amend the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations to prohibit a driver of a commercial motor vehicle or of a motor vehicle transporting certain hazardous materials from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping. DOT states that the final rule is in response to Congressional mandates and is intended to reduce highway-rail grade crossing crashes.
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Legislative Update: NACD signs multi-industry letter on government funding
Last week, NACD joined with 250 other organizations in sending a letter organized by the U.S. Chamber of Commerce urging the House of Representatives and Senate to pass a Continuing Resolution to ensure uninterrupted funding of the federal government. The letter also urged Congress to raise the debt ceiling and cited the importance of avoiding disruption in, and increased uncertainty for, the economy. The letter also specifically pointed out the reason we are in this situation is that spending is the driver for our economic woes. It urged Congress to pass the CR and raise the debt ceiling and then dedicate itself to bringing these costs down.
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Regulatory Update: Affordable Care Act Small Business Health Options Program delayed by 1 month
Last week, the Obama administration announced a one-month delay — to Nov. 1 — of the date that the Small Business Health Options Program Marketplaces (a.k.a. SHOP Exchanges) operated by the Federal Department of Health & Human Services will be open for small employer enrollment. SHOP Marketplaces are open to employers with 50 or fewer full-time equivalent employees. HHS's press release on this topic is available online. According to HHS, "The SHOP Marketplace for Federally-facilitated Marketplace states opens October 1, 2013, when small employers can start the application process (emphasis added) and get an overview of available plans and premiums in their area. All functions (emphasis added) for SHOP will be available in November and if employers and employees are enrolled by December 15, 2013, coverage will begin January 1, 2014." For additional information about the SHOP, including state-specific information about the Marketplaces, as well as small business tax credits, visit and click on the Small Business tab.
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State Regulatory Update: Safer Consumer Products Regulations take effect in California
The California Safer Consumer Products Regulations are in effect as of today, Oct. 1. These regulations, which are the result of the California Green Chemistry legislation enacted in 2008, establish a process to identify and prioritize chemicals in consumer products and to establish a process for evaluating chemicals of concern in consumer products and their potential alternatives. Last week, the California Department of Toxic Substances Control released a list of 164 chemicals it will use to identify potentially harmful products that manufacturers could be required to reformulate in order to make them safer. Under the SCP Regulations, manufacturers, importers, assemblers, and retailers must notify the DTSC that they have identified priority products and analyze them to determine how to make them safer. NACD Environmental Regulatory Partner Bergeson & Campbell, P.C. recently published a detailed analysis of the new regulations, which you may access here.
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Industrial Steel Drum Institute's video highlights safety, security of steel drums
Industrial Steel Drum Institute
On Sept. 30, the Industrial Steel Drum Institute unveiled a new video focusing on the safety and security of steel drums. The two-minute video provides an updated look at the groundbreaking study conducted by the Steel Shipping Container Institute, now known as ISDI, in 1999.
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Positive signals on TSCA reform in Senate
Chemical Watch
Not much give and take was expected at July's Senate committee hearing on Toxic Substances Control Act reform, given Congress's reputation for partisan gridlock. But after the Senate Environment and Public Works Committee meeting, most stakeholders still hope a legislative fix is possible. This optimism stems from statements made by the Committee chairman, Barbara Boxer, D-Calif., its Republican leader, David Vitter, and members of both parties on their willingness to produce changes to the bipartisan Chemical Safety Improvement Act that would get the bill through the legislature.
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Chemical safety: An interview with John Bresland
John Bresland, former chair of the U.S. Chemical Safety Board, spoke recently at a conference on offshore safety. He then shared more insights from his experiences in industry and investigations, detailing the specific incidents that companies should learn from and the challenges and opportunities facing U.S. high-hazard industry regulation into the future.
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What happens to trucking if the federal government shuts down?
Land Line
The U.S. Department of Transportation and its agencies are making plans in the event Congress fails to pass an annual funding bill and government programs are shut down. As far as trucking and safety programs are concerned, most would go on functioning as normal — at least for a while — in the event of a shutdown.
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Missed last week's issue? See which articles your colleagues read most.

    Security Update: FBI issues alert on identifying potential terrorist activities at bulk plants (NACD)
Are you sure your chemical is on the TSCA inventory? (Lexology)
Bipartisan compromise will strengthen chemical safety laws (The Hill)

Don't be left behind. Click here to see what else you missed.

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Sleep apnea bill clears House, awaits Senate approval
The bill that would prevent the Federal Motor Carrier Safety Administration from solely issuing guidance relative to sleep disorder/apnea screening of truck drivers passed in the House 405-0 on Sept. 26.
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US-NAFTA trade up; trucking benefits
U.S.-NAFTA trade carried by truck in July was up 5.3 percent over last year, according to the latest North American Free Trade Agreement freight data from the U.S. Department of Transportation. Trucking, which carries three-fifths of that trade, was one of four of the five transportation modes that carried more U.S.-NAFTA trade in July 2013 than in July 2012. The value of overall U.S. trade with its NAFTA partners rose 6.3 percent from year to year.
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Drivers sound off on Obamacare
The health insurance shakeup that the Affordable Care Act represents gets under way in earnest Oct. 1. For company drivers already happy with their employer's insurance and any operator eligible for Medicare, Medicaid or VA benefits, nothing will change, but those purchasing insurance on the individual market or via business associations or other groups may find new options on the exchanges.
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Big-picture trends and trucking
Fleet Owner
It's never easy to take broad economic trends and then figure out how they may or may not impact the trucking industry, but that's actually a regular occurrence at FTR's annual Transportation Conference, now in its ninth year. That being said, such "trend analysis" doesn't always provide a happy ending for truckers. And where FTR's 2013 conference is concerned, an awful lot of challenges seem to be clouding the big picture for trucking over the next few years.
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More freight, but fewer trucks to move it?
There's good news and bad news about trucking these days. The good news is traffic is up! A good sign for the economy! (OK, there's a caveat, but more on that in a minute). The bad news? That the good news may lead to an economic headwind you weren't expecting.
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Shipper/carrier collaboration key to capacity and cost control
Fleet Owner
One of the major trends highlighted at FTR's annual Transportation Conference is how shipper/carrier collaboration will only increase as it remains one of the last ways both parties can control both capacity and costs in the years ahead. "Carriers have largely exhausted the ways they can save money," explained Noel Perry, FTR's senior consultant and president of research firm Transport Fundamentals. "Equipment is not getting cheaper, they must pay drivers more, and unprecedented regulatory growth is increasing their cost of operations. The only thing left to them is what's beyond their direct control: interactions with the shipper."
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Harsh reality: The downside of the shale boom
Houston Business Journal
There's a common theme running around the chemical industry these days: With great opportunities come great challenges. With billions of dollars of planned chemical investments throughout the U.S. — most of which are planned for the Gulf Coast — the chemical industry needs more plant operators, more construction crews and engineers, better infrastructure and a number of permits. However, according to Dow's Don Taylor, the harsh reality is that Houston simply can't supply all of the workers needed to build and run all of the planned chemical plants.
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National Tank Truck Carriers (NTTC)

The National Tank Truck Carriers, Inc. (NTTC) represents the tank truck industry before Congress and various federal agencies. Our mission is to champion safety and success in the tank truck community and the people we serve. NTTC’s membership consists of tank truck carriers that specialize in bulk transportation services throughout North America and over 300 vendors that serve our industry.
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Chempax ERP Systems
What makes Chempax unique? Nearly 30 years of continued development. Chempax is the only Enterprise Resource Planning (ERP) solution that is developed specifically for Process Manufacturers and Chemical Distributors. Our industry focus, knowledge, and expertise are our strength and our software products include the most industry comprehensive features in the market today.

NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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