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Regulatory Compliance Update: NACD to host April 4 webinar on Regulatory Survey
On Thursday, April 4, from 12 noon to 1 p.m. Eastern Time, NACD Regulatory Affairs Committee Chairman Cliff Wiksten and Vice President of Regulatory Affairs Jennifer Gibson will present a webinar on NACD's recent Regulatory Survey. In January, NACD sent out a Regulatory Survey asking members to provide information on which regulations are most applicable to their operations and on which regulations they need additional compliance resources. NACD's new Regulatory Affairs Committee requested that NACD develop the survey in order to gauge the full impact of the regulatory universe on the membership and to help prioritize our regulatory compliance and advocacy programs. Members provided an excellent response to the survey, with 146 participants completing the entire survey and dozens more partially completing it.

Please join us on April 4 to learn what the highest ranked items were in both the areas of applicability and the need for additional resources and how NACD and the Regulatory Affairs Committee will use the survey results to best tailor the Association's regulatory programs to member needs.

To register to for the webinar, go to https://www2.gotomeeting.com/register/140683546.

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Regulatory Compliance Resources: Still time to register for April 2-3 Responsible Distribution Workshop to include regulatory sessions
It is not too late to register for the upcoming Responsible Distribution Workshop, which will take place April 2-3 in Atlanta. This workshop will include several valuable regulatory sessions. Click "Read More" to learn more about these sessions.
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Legislative Action Alert: Your input needed by April 8 on impact of LIFO elimination
NACD will be submitting comments to U.S. House Ways and Means Committee on the importance of retaining the current tax provision known as LIFO (Last-in, first-out) inventory accounting method, and we request your feedback. Committee Chairman Dave Camp, R-Mich., intends to move forward this year with comprehensive tax reform, and the committee created working groups to aid the process.
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PRODUCT SHOWCASE
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Speakers announced for 2013 Washington Fly-In, May 8-9
The 2013 Washington Fly-In is less than two months away, and the schedule is already filling up with top speakers! Join your peers May 8-9 in Washington, D.C., and educate your representatives on our industry's value to your community. The two-day event will feature a presentation on the latest developments on Capitol Hill from Jade West from the National Association of Wholesaler-Distributors on May 8, as well as interactive sessions to prepare you for your meetings on Capitol Hill. Then at breakfast on May 9, Congressman Mike Pompeo, R-Kan., will address attendees prior to the meetings on the Hill.

Tell your story and support our future — click here to register now, and hurry! The hotel reservation deadline is April 8.

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Regulatory Update: OSHA addresses GHS conflict with DOT labeling in latest guidance
The U.S. Occupational Safety and Health Administration recently released new compliance assistance resources for employers to assist in meeting the requirements of the agency's revised Hazard Communication Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals. These materials include a new brief to explain the new labeling elements, identify what goes on a label and describe what pictograms are and how to use them. The brief also addresses an issue of concern to many chemical distributors — the fact that OSHA did not previously allow a GHS pictogram to be shown on a shipped container label if it conflicted with the U.S. Department of Transportation hazmat label.

In the recent brief, OSHA has announced its intent to change this and to allow the use of both the pictogram and the hazmat label. Karrie Monette-Ishmael of ICC The Compliance Center, an Affiliate participant of NACD, recently published a blog that further explains this positive new development. ICC's Emily Walter will also discuss this during her April 3 presentation at the Responsible Distribution Workshop.

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Legislative Update: House holds CFATS oversight hearing, Congress acknowledge NACD's support of program
On March 14 the U.S House of Representatives Committee on Energy and Commerce, Subcommittee on Environment and the Economy held an oversight hearing on the CFATS program. Chairman John Shimkus, R-Ill., heard testimony from Homeland Security Under Secretary Rand Beers, of the National Protection and Programs Directorate, as well as Director David Wulf. Beers reported that the Chemical Facility Anti-Terrorism Standards program has made significant progress addressing internal operational concerns in light of the December 2011 leaked report that highlighted failures in the program. Beers stated that DHS remains committed to working with stakeholders and Congress to improve the program.
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Regulatory Update: DHS publishes notices on CFATS, sends invitation for April 10 focus group in Los Angeles
Yesterday, the U.S. Department of Homeland Security's Infrastructure Security Compliance Division published three information collection requests notices in the Federal Register on the Chemical Facility Anti-Terrorism Standards. The three notices are related to ISCD's collection of data through the CFATS Top-Screens, Security Vulnerability Assessments, and Site Security Plans, ISCD's IT systems, and the Chemical-terrorism Vulnerability Information program. In order to implement CFATS, ISCD uses these three Information Collections, which are currently approved by the Office of Management and Budget and which authorize the collection of information from affected chemical facilities. These ICs were approved for a three-year period in March 2010 and are set to expire this month.
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Regulatory Compliance Resources: PHMSA releases revised version of hazmat labeling and placarding guide
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration recently issued a revised version of its DOT Chart 15, which illustrates the various hazmat markings, labels and placards required by the Hazardous Materials Regulations in 49 CFR. PHMSA also specifies the Pantone colors to be used, recognizing that laser printers may not accurately match the required colors. Click here to download the revised guide.
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Legal Update: NLRB recess appointments decision appealed to Supreme Court
Last week the National Labor Relations Board announced that it would forego a review by the full D.C. Circuit Court, and would instead appeal the Noel Canning case to the Supreme Court. The D.C. Circuit Court of Appeals January ruling in the Noel Canning case established that President Barack Obama's 2012 "recess" appointments of three members to the NLRB were unconstitutional and invalid because the Senate was not in recess when he made the appointments. The NLRB appeal to the high court must be filed by April 25. NACD is involved in a coalition to challenge the appointments and involved in the appeal through the National Association of Wholesaler-Distributors and the Coalition for a Democratic Workplace. Over one dozen major companies are seeking challenges to the NLRB's rulings since last year. Read more about the status of the legal actions and court decision in Noel Canning, here.
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Continuous GHS Labels On Demand

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Legislative Update: NACD calls for better science at federal agencies
NACD joined 30 other industry associations in a letter to U.S. House Committee on Energy and Commerce Chairman Fred Upton and Vice Chairman Marsha Blackburn calling for the development of legislation to improve science at federal agencies. The letter notes that there are overlapping and redundant health-risk assessment programs without meaningful standards to ensure sound science is conducted. As the letter states, "Combined with deficiencies in transparency, stakeholder engagement, peer review, and accountability, this diminishes the quality of assessments and undermines public confidence." In the letter, the organizations urge the chairman and vice chairman to conduct hearings on the issue to better identify opportunities for legislative reform and to craft legislation.
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State Regulatory Update: Massachusetts TURA regulators implementing higher hazard chemical reporting
At a recent Advisory Committee meeting in Boston, Toxic Use Reduction Act regulators announced a program for outreach to Massachusetts manufacturing companies to notify them of new Higher Hazard chemical reporting requirements for Hex Chrome and Formaldehyde. Under the state's TURA law, certain chemicals can be designated as Higher Hazard, and certain chemicals can be designated as Lower Hazard. At the end of December 2011, regulations were promulgated adding Hex Chrome and Formaldehyde to the Higher Hazard list. The normal reporting threshold for chemical use under Massachusetts Chapter 21I is 25,000 pounds (annual use). The Higher Hazard category reduces the reporting threshold to 1,000 pounds (annual use). Manufacturing companies that may have reduced the use of these chemicals to less than 25,000 pounds will now have to report their use again if the use is 1,000 pounds or greater.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    Regulatory Victory: PHMSA drops closure instruction plan from hazmat amendments (NACD)
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      General Business Interest


    House panel takes on size and weight, logs, HOS
    Truckinginfo
    Legislators homed in on top trucking issues such as truck sizes and weights, electronic logs and driver hours of service at a House hearing March 14. The Subcommittee on Highways and Transit met to review the Department of Transportation's implementation of last year's highway law.
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    The continuing saga of HOS
    DC Velocity
    Not since the days of transportation regulation have we seen a case of governmental crisis creation on a par with the Federal Motor Carrier Safety Administration's handling of the truck driver hours-of-service controversy.
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    Shortcut too good to be true? GPS focus of training campaign
    Land Line
    Truck and bus operators who navigate by GPS should choose systems that show low overpasses and other route restrictions, officials said as part of a safety campaign tied to a future mandate for entry-level driver training standards. The Federal Motor Carrier Safety Administration rolled out information March 11, which was intended to help truck and bus drivers choose appropriate navigation units for commercial vehicles.
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    MAPI: Slower 2013 activity to precede pickup in 2014
    Manufacturing Business Technology
    Recent trends suggest a reason for optimism for the U.S. economy and its manufacturing sector, according to the quarterly Manufacturers Alliance for Productivity and Innovation U.S. Industrial Outlook, a report that analyzes 27 major industries. While GDP declined at a 0.1 percent rate in the fourth quarter of 2012, manufacturing output grew at a 1.9 percent rate. MAPI forecasts that industrial production will increase 2.2 percent in 2013, an increase from 2.0 percent in the December 2012 forecast. A further pickup is likely in 2014.
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    New trends shape chemical processing industry in 2013
    Marketwire
    As we near the end of this year's first quarter, 2013 is shaping up to be a promising year for the chemical processing industry. According to Trey Hamblet, Industrial Info's vice president of global research for the chemical processing industry, in 2012 approximately $8 billion in CPI capital projects started in the U.S., while in 2013 about $9 billion projects have already been funded and approved.
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    Alarm sounded over 'staged accidents' targeting tractor-trailers
    Fleet Owner
    The National Insurance Crime Bureau and the Nevada Trucking Association are warning truck drivers in the Las Vegas area to be wary of deliberate attempts by criminals to cause accidents for the purpose of collecting insurance money. The group said that as many as 100 suspected staged accidents occurred along the I-15 corridor through the metropolitan Las Vegas over the past 12-18 months, and as many as 25 of those accidents targeted big rigs.
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    Lawmakers push for Keystone pipeline
    Reuters
    Lawmakers in both chambers of Congress said they are moving forward with bills to pluck the power of approving the Keystone XL pipeline, which would run from Canada's oil sands to Texas, from the hands of the Obama administration.
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