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Regulatory Resources: NACD to host April 3 webinar to update members on Chemical Executive Order
Please join NACD on Thursday, April 3 at 12 noon Eastern time for a webinar to update members on White House Executive Order 13650 — Improving Chemical Facility Safety and Security. NACD Vice President of Regulatory Affairs Jennifer Gibson will provide an update on the regulatory impacts that the EO may have on NACD members. She will also highlight points made in NACD's comments and discuss the next steps in the process. To register for this free webinar, please click here.
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Regulatory Resources: Responsible Distribution Workshop to include regulatory sessions
Several valuable regulatory sessions will be held as part of the upcoming Responsible Distribution Workshop, which will take place April 8-9 in Ann Arbor, Mich. NACD Vice President of Regulatory Affairs Jennifer Gibson will provide an update on the federal government's latest regulatory proposals and enforcement initiatives. There will also be a member panel on How to Train Your Employees on Regulatory Requirements. In addition, Sandra Miller, Regulatory Specialist from ICC Compliance Center, one of NACD's Regulatory Compliance Preferred Providers, will present a session on Top 10 OSHA Violations. Finally, Scott Perkins, Sr. Consultant, MMA Environmental, LLC, another NACD Compliance Preferred Provider, will conduct a Mock Regulatory Audit. In addition, we will have federal agency participation including a representative of the Federal Motor Carrier Safety Administration to discuss Pre-Employment Screening and the Federal Bureau of Investigation to present a Know Your Customer session. Click here for more information and to register.
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Legislative Action Needed: Register today for the 2014 Washington Fly-In, April 30-May 1
Register today for the Fly-In! From April 30 – May 1, the Fly-In is your opportunity to advance the chemical distribution industry's legislative agenda before Congress, and NACD will give you the tools to do just that. Talk to your senator or representative about important issues relating to transportation, chemical safety and security. Let them know that your company provides good jobs in their districts and works to protect the environment through Responsible Distribution.
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Regulatory Update: NACD attends FDA public meeting on Sanitary Transportation of Food Products Rule
Last week, the U.S. Food and Drug Administration held a public meeting to discuss its proposed rule on Sanitary Transportation of Human and Animal Food. This proposal would establish requirements for shippers, carriers by motor vehicle and rail vehicle, and receivers engaged in the transportation of food, including food for animals, to use sanitary transportation practices to ensure the safety of food. A fact sheet on the proposed rule is available here. Policy Coordinator Theresa Forbes attended the meeting on behalf of NACD. During the session, there was substantial discussion of the economic analysis of the proposed rule, which raised areas of concern where NACD could comment. The panelists requested information on (1) data on current industry practices, (2) intrastate carriers, (3) efficacy of the proposed requirements, and (4) costs to comply with the rule.
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Regulatory Update: FDA extends comment deadline on food safety proposal to address intentional adulteration
The U.S. Food and Drug Administration has extended the comment period for its Food Safety Modernization Act proposed rule on "Focused Mitigation Strategies to Protect Food Against Intentional Adulteration." FDA published this proposal in the Federal Register on Christmas Eve. Comments were originally due to FDA on March 31, and the agency has now granted a 90-day extension to June 30, 2014. Under the proposed rule, a food facility would be required to have a written food defense plan that addresses significant vulnerabilities in its food production process. Facilities then would need to identify and implement strategies to address these vulnerabilities, establish monitoring procedures and corrective actions, verify that the system is working, ensure that personnel assigned to the vulnerable areas receive appropriate training and maintain certain records. For a copy of the extension notice in today's Federal Register, please click here. For more information the FSMA, go to
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Regulatory Resources: OSHA releases new hazard communication rule guides
The U.S. Occupational Safety and Health Administration recently released new resources on the revised Hazard Communication Standard. The first document is a detailed guidance document, "Hazard Communication: Small Entity Compliance Guide for Employers That Use Hazardous Chemicals." This guide is intended to help small employers understand how hazard communication works and the responsibilities that employers, chemical manufacturers, importers, and distributors have under the HCS. In addition, OSHA has issued a new fact sheet, "Steps to an Effective Hazardous Communication Program for Employers That Use Hazardous Chemicals," which offers employers clear steps to create an effective hazard communication program — including a sample program and a quick guide to hazard communication training.
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Regulatory Update: EPA fines 5 New England companies for accident prevention violations
Last week, the U.S. Environmental Protection Agency announced settlements with five companies in New England over violations of the Clean Air Act, Emergency Planning and Community Right-to-Know Act and/or the Comprehensive Environmental Response, Compensation, and Liability Act. These fines range from just more than $5,600 to more than $85,000 and two of the companies will also implement supplemental environmental projects. In announcing the settlements, EPA Region 1 Administrator Curt Spalding said, "Failing to carefully follow chemical accident prevention requirements and chemical reporting requirements poses increased risks of exposure to dangerous substances for both people and the environment. Hazardous substances must be properly handled to ensure that the local community and first responders are not subject to unacceptable risks. This is why companies are required to implement safety precautions to prevent accidental releases of these chemicals." Click here to read the full press release with the settlement details.
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Regulatory Update: EPA announces electronic filing option for TSCA risk notices
Last week, the U.S. Environmental Protection Agency EPA announced that it has made available an electronic reporting option for those who file substantial risk notifications and voluntary "For Your Information" submissions with the agency pursuant to section 8(e) of the Toxic Substances Control Act. These submissions may now be filed using EPA's electronic document submission system, the Central Data Exchange. EPA says that use of this electronic reporting option will streamline and reduce the administrative costs and burden of submitting paper-based notifications and that all information sent via the internet using CDX will be transmitted securely to protect Confidential Business Information. Click here to read the Federal Register notice about the electronic filing option. Click here to learn more about Substantial Risk Notifications and FYI submissions.
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Missed last week's issue? See which articles your colleagues read most.

    NACD joins organizations to urge action on new Detroit-Windsor Bridge project (NACD)
DOT final rule brings special permit widely used by NACD members under HMR (NACD)
NACD to host April 3 webinar to update members on Chemical Executive Order (NACD)

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


FMCSA updates definition of combination weight rating
"Gross combination weight rating" has been redefined to clarify when CDL and other federal safety regulations apply to certain single-unit trucks towing trailers. The amended definition is to provide a uniform means of determining if a combination vehicle driver is subject to federal safety requirements when GCWR information is not on the vehicle manufacturer's certification label. The new definition is effective April 18, according to the Federal Motor Carrier Safety Administration March 19 final rule.
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FMCSA falling short on examiners for registry
Land Line
Back in May 2012, FMCSA established a National Registry of Certified Medical Examiners to improve highway safety and driver health. For this to be effective, FMCSA set the number at 40,000 medical examiners to be registered by the compliance date of May 21, 2014. As of March 21, the total number of registered medical examiners is 9,505. Only 23.76 percent of the goal of 40,000 medical examiners has been reached, with two months left to go. Since the beginning of March, there has been an average increase of only 1.7 percent each week. At this rate, only 15,624 medical examiners will be registered by the May 21 deadline.
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The FMCSA, OSHA, EEOC and you
The Federal Motor Carrier Safety Administration's Safety, Compliance and Accountability enforcement program is one of the major legal and regulatory issues facing trucking companies, but it's not the only one, as a veritable alphabet soup's worth of agencies target the industry. A leading trucking attorney talks about how the government is "passing the buck" with CSA, and other legal headaches.
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FMCSA shuts down 4 carriers as imminent hazards
Fleet Owner
The Federal Motor Carrier Safety Administration announced March 19 that it had shut down two trucking operations and two passenger carriers as imminent hazards to public safety. GEG Construction and Allen Quandahl, both trucking operations, were cited for failing to properly inspect, repair and maintain vehicles.
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FDA's proposal on sanitary food transportation: Implications for freight carriers
Strasburger & Price via Mondaq
The U.S. Food and Drug Administration's proposed rule for sanitary food transportation raises several issues requiring detailed attention by motor and rail carriers. These issues go to the rule's scope and coverage, the specific responsibilities it imposes on carriers and the extent to which carrier responsibilities can be shifted to shippers (and vice versa) by contract.
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String of actions strengthens the hand of truck drivers
Los Angeles Times
A string of actions by state officials and the National Labor Relations Board has strengthened the hand of truck drivers who say they need union representation to improve pay and working conditions for the thousands who transport cargo out of the ports of Los Angeles and Long Beach. In a settlement last week, one major trucking company agreed to post notices acknowledging the workers' right to organize — not previously a given because drivers were treated as contract workers, who are not subject to unionization. The agreement comes after repeated victories at the state Labor Commissioner's office, where 30 drivers have won decisions against 11 port trucking firms, awarding them $3.6 million in wages and penalties.
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CSB video: Prevent chemical accidents with Process Safety Management basics
Chemicals are essential to many business operations, but when things go wrong, the impact is often deadly. The U.S. Chemical Safety Board has produced a dramatic new video that may help you communicate the importance of chemical safety to your employees. The 4-minute video features the sister of a worker killed in the 2010 explosion and fire at a Washington state refinery. "The Human Cost of Gasoline" explores how losing a loved one in a chemical accident affects family members.
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Ethanol groups seek Supreme Court review of California's low-carbon fuel standard
Bloomberg BNA
Ethanol industry groups have asked the Supreme Court to determine whether California's low-carbon fuel standard violates the dormant commerce clause of the U.S. Constitution. The Renewable Fuels Association and Growth Energy filed a petition for writ of certiorari March 20, challenging an appellate court decision that reversed a district court's finding that the fuel standard discriminates against out-of-state commerce and is an extraterritorial regulation.
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