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Regulatory Compliance Resources: NACD hosts April 4 webinar on regulatory survey and initiatives
NACD
On Thursday, April 4, from 12 noon to 1 p.m. Eastern, 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 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: Last chance to register for April 2-3 Responsible Distribution Workshop and Regulatory Sessions
It is not too late to register for next week's 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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Regulatory Compliance Resources: Q-and-A from NACD OSHA GHS webinar now available
The Q-and-A from NACD's March 7 webinar on the U.S. Occupational Safety and Health Administration's new rule to align the Hazard Communication Standard with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals are now available. During this well-attended webinar, Emily Walter, Regulatory Specialist for ICC Compliance Center, reviewed the upcoming GHS deadlines and provided information on what your company must do to meet these deadlines. The webinar also addressed relationships and conflicts between the new GHS system and other regulations and agencies including U.S. Department of Transportation labeling, U.S. Environmental Protection Agency reporting, and Consumer Product Safety Commission rules and requirements. The webinar generated numerous questions, and NACD and ICC Compliance Center have now made written responses to these questions available.

Click here to access the Q-and-A transcript, along with the webinar recording and slides. Please note that you will need your username and password to access these materials.

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Regulatory Update: FMCSA extends state adoption deadline for new tank vehicle definition
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration has published a final rule in the Federal Register modifying the May 2011 rule that changed the definition of a tank vehicle. The 2011 rule expanded the definition of tank vehicle to cover loads containing intermediate bulk containers with individual capacities of more than 119 gallons and an aggregate capacity of 1,000 gallons or more, prompting a requirement for drivers who carry these types of loads to obtain tank endorsements on their commercial drivers' licenses. Last year, the American Trucking Associations filed a petition with FMCSA to change the definition of tank vehicle so it would not include IBCs.
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Regulatory Update: DHS revises proposal on CFATS personnel surety
Last Friday, March 22, the U.S. Department of Homeland Security published in the Federal Register a revised proposal on the Chemical Facility Anti-Terrorism Standards Personnel Surety Program. The PSP is designed as a tool to help facilities meet the requirements of CFATS Risk Based Performance Standard 12 – Personnel Surety. The proposal would require CFATS-regulated facilities to submit a set of personal identifying information to DHS for individuals who have access to restricted areas or critical assets. This information would then be run through the Terrorist Screening Database to ensure that these individuals do not have terrorist ties. The March 22 proposal is a revision of an earlier version that DHS issued in 2011 and withdrew in 2012 after hearing concerns from industry that it was overly burdensome and duplicative.
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Legislative Action Alert: Your input needed 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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Regulatory Update: Coast Guard proposes rule on TWIC readers
On Friday, March 22, the U.S. Coast Guard published in the Federal Register a proposed rule on reader requirements for the Transportation Worker Identification Credential. If adopted as proposed, the rule would require owners and operators of certain high-risk vessels and facilities regulated by the Coast Guard to use electronic readers designed to work with the TWIC as an access control measure. The proposal also establishes additional requirements associated with the electronic TWIC readers, including record-keeping requirements for those owners and operators required to use an electronic TWIC reader, and security plan amendments to incorporate the TWIC requirements. The rulemaking is intended to implement the Security and Accountability For Every Port Act of 2006 electronic TWIC reader requirements. Comments are due on the TWIC reader proposed rule by May 21, 2013. Click here for a copy of the proposal.
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Regulatory Update: EPA TSCA enforcement to target 'fractions'
The U.S. Environmental Protection Agency recently announced at an industry conference that one of its top enforcement priorities will be to look at how manufacturers are naming and listing fractions of existing chemicals for Toxic Substances Control Act Inventory purposes. EPA said that fractions or "slices" of existing substances could be new chemical substances for which premanufacture notifications should have been filed. In fact, EPA has already begun that process, as several enforcement initiatives are underway derivative of information generated in connection with the action brought against Dover Chemical Company.
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State Regulatory Update: NACD raises concerns about California Hazard Communication System
NACD recently joined 18 other organizations in sending a letter to the California Occupational Safety and Health Standards Board regarding the state's proposed Hazard Communication Standard. Rather than adopting the new federal HCS that aligns with the United Nationals Globally Harmonized System of Classification and Labeling of Chemicals, the CA OSHSB proposed a system that differs significantly from the new federal standard. NACD and the others wrote that improvement through harmonization is the overriding purpose of the GHS updates, that true harmonization will result in a more effective and protective system, that OSHSB's proposal would create more discord than existed previously, and that the state's proposed differences are substantial without being more protective. NACD and the others urged the OSHSB to adopt the federal standard verbatim and to use a thorough advisory process to substantiate the value of any proposed differences before adopting them. Last week, the OSHSB approved the proposed different standard on a temporary basis, while a permanent new rule will go through the standard advisory process.

Click here for a copy of the industry letter.

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    Inspector detector
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    Ferro: July 1 will stand as HOS compliance date
    Transport Topics
    Despite receiving requests from a bipartisan group of seven lawmakers in transportation oversight roles, the Federal Motor Carrier Safety Administration will not delay the July 1 effective date of the latest changes to its hours-of-service rule, FMCSA Administrator Anne Ferro told industry reporters March 22.
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    FMCSA shuts down 2 carriers, 1 driver
    Truckinginfo
    The Federal Motor Carrier Safety Administration has ordered two trucking companies and one driver to stop operating, calling them imminent hazards to public safety. The orders were triggered by flagrant disregard for hours of service and other safety regulations. Oak Park, Mich.-based Highway Star Inc. was ordered to immediately cease operations, along with one of its drivers, Ibrahim Fetic, after Fetic caused a March 2 fatal crash.
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    Senate passes amendment in support of Keystone XL
    USAgNet
    Sens. John Hoeven, R-N.D., and Max Baucus, D-Mont., offered an amendment that passed, putting the U.S. Senate on record in support of the Keystone XL pipeline. The Hoeven-Baucus measure established a formal recognition by the U.S. Senate that the Keystone XL pipeline, a major energy infrastructure project, will boost the nation's economic growth and contribute revenues.
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    Analyst: US chemical output nudged higher in February
    Nasdaq
    U.S. chemical production continues its gaining streak on a monthly basis, according to the latest monthly report from the American Chemistry Council. The chemical industry trade group said that the U.S. Chemical Production Regional Index inched up 0.6 percent in February, following a revised 0.8 percent gain a month ago. Monthly reading showed that chemical production improved across all regions in February.
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