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Regulatory Compliance Resources: Slides available from April 4 NACD webinar on Regulatory Survey and Initiatives
The recording and slides from last week's webinar on NACD's recent Regulatory Survey and Initiatives are now available. During this webinar, Regulatory Affairs Committee Chairman Cliff Wiksten and Vice President of Regulatory Affairs Jennifer Gibson discussed the results of the NACD Regulatory Survey that was sent out in January in order to gauge the full impact of the regulatory universe on the membership and to help prioritize the Association's regulatory compliance and advocacy programs. In this survey, members ranked items from the Regulatory Checklist for Chemical Distributors on applicability to their operations and the need for more resources. In the webinar, Ms. Gibson and Mr. Wiksten highlighted the top-ranked issues and discussed NACD's plans to provide more resources on these and other issues. If you missed the webinar or would like to review it, click here. Please note you will need your username and password to access the webinar and the recording may take several minutes to download.
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Regulatory Update: Agencies' reports highlight CFATS problems
Last week, two federal agencies released two separate reports highlighting problems with the Chemical Facility Anti-Terrorism Standards, or CFATS. On April 2, the U.S. Department of Homeland Security Office of Inspector General released a report on the DHS Infrastructure Security Compliance Division's effectiveness in implementing CFATS. The report found progress has been slowed by inadequate tools, poorly executed processes and insufficient feedback on facility submissions. In addition, the OIG found that program oversight had been limited, and confusing terminology and absence of appropriate metrics led to misunderstandings of program progress.
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Regulatory Update: FDA's draft guidance on food facility registration
On April 4, the U.S. Food and Drug Administration published a notice in the Federal Register announcing the availability of draft Compliance Policy Guide Sec. 100.250 Food Facility Registration — Human and Animal Food (the draft CPG). The draft CPG, when finalized, will provide guidance for FDA staff on issues related to food facility registration under a section of the Federal Food, Drug, and Cosmetic Act, including the requirement that certain food facilities register with FDA, the requirement that registered facilities biennially renew their registrations with FDA, and FDA's authority to suspend a food facility's registration. This includes changes mandated by the Food Safety Modernization Act, which was enacted in January 2011. In the notice, FDA invites comments on the draft guidance. In order to ensure the agency's consideration of comments on the draft CPG before it begins work on the final version, interested parties must submit comments by May 6, 2013. Click here for a copy of the Federal Register notice. For general information on the Food Safety Modernization Act and to sign up for program updates, click here.
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Prepare for Success on the Hill: Fly-In Webinar, April 11
This year, the NACD Government Advocacy Committee will host an attendees-only webinar prior to the Washington Fly-In on April 11 at 12:00 p.m. EDT*. Hosted by NACD's Government Advocacy Chairman Steve Seeler, we will discuss practical information you need to know to prepare for a successful day on the Hill, as well as the important key issues you will discuss in your meetings on May 9. This webinar will last approximately one hour, including time for questions.
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Regulatory Update: CBP to host webinars on residue manifesting
On Tuesday, April 16, U.S. Customs and Border Protection will host a webinar (twice) on CBP's National Customs Automation Program Test concerning "Manifesting and Entry of Residue found in Instruments of International Traffic (IITs)." The one-hour webinars are primarily geared towards those companies that may be eligible to participate in a pilot test of the new system, which will soon be announced in the Federal Register.
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Regulatory Update: NOAA releases updated chemical reactivity tool
The National Oceanic and Atmospheric Administration has updated its Chemical Reactivity Worksheet, or CRW. The CRW is a free software program that facilities can use to find out about the chemical reactivity of thousands of common hazardous chemicals. The CRW predicts possible hazards from mixing chemicals and is designed to be used by emergency responders and planners, as well as the chemical industry, to help prevent chemical incidents. The U.S. Environmental Protection Agency commonly refers to the CRW when it inspects facilities that store chemicals and/or that are regulated under the Clean Air Act Risk Management Program or General Duty Clause. EPA Region I has recommended that the CRW be used to run an incompatibility analysis for any chemical that is located within 25 feet of another chemical without a physical barrier between the two chemicals (co-located chemicals). Click here to find the updated CRW.
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Regulatory Update: CBP releases information on sequestration impacts
U.S. Customs and Border Protection recently released information on sequestration impacts on the agency's operations. These materials include a letter to stakeholders describing the agency's priority operations during sequestration and the negative impacts that trade and travel stakeholders are likely to experience. For example, CBP states that the Global Entry and C-TPAT programs will be maintained but that decreased service levels can be expected in cargo operations including increased and potentially escalating delays for counter examinations at major seaports and significant back-ups at land border entry points. The materials also include a Q-and-A document. Click here to access these materials.
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Regulatory Compliance Resources: Coast Guard issues MTSA compliance training
The U.S. Coast Guard Headquarters Office of Port and Facility Compliance has developed a training presentation designed to provide maritime industry and Coast Guard personnel new to the maritime community an introduction to the Maritime Transportation Security Act and the International Ship and Port Facility Security Code. Additionally, the presentation provides basic information on the Transportation Worker Identification Credential, America's Waterways Watch program and suspicious activity reporting procedures. The presentation includes detailed speaker notes. The presentation is available on the Office of Port and Facility Compliance website by clicking here.
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Regulatory Update: Coast Guard's public meetings on TWIC Reader Rule
The U.S. Coast Guard has announced three public meetings when the agency will gather input on its March 22 proposed rule on reader requirements for the Transportation Worker Identification Credential, or TWIC. The proposal 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 would also establish additional requirements associated with the electronic TWIC readers, including recordkeeping 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 on May 21. Click here for a copy of the proposal. The public meetings will be held on April 18 in Arlington, Va., April 25 in Houston, and May 2 in Seattle. Please click on the date links for more information. Details remain forthcoming on an additional session that will be held in Illinois.
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Cybersecurity Resources: FBI releases bulletin on cyberthreats
The United States Department of Homeland Security , in collaboration with the Federal Bureau of Investigation and other partners, has created a Joint Indicator Bulletin, containing cyber indicators related to recent malicious cyber activities. The FBI notes these activities have been targeted to both government and private sector entities and that the apparent objective of the activities has been the theft of intellectual property, trade secrets and other sensitive business information. To this end, the FBI states the malicious actors have employed a variety of techniques in order to infiltrate targeted organizations, establish a foothold, move laterally through the targets' networks and exfiltrate confidential or proprietary data.
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      General Business Interest

    FHWA takes next step in truck size-weight limit study
    The Federal Highway Administration chose a Massachusetts engineering firm, CDM Smith and Associates, to help prepare its comprehensive study of truck size and weight limits. The $2.3 million contract is the next step in the agency's effort to finish the study by November 2014, as required by last year's highway law. The study will look at the safety and economic implications of changing the federal limits, including permitting 6-axle, 97,000-pound combinations.
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    Ethanol producer to pay $136,500 for risk management, reporting violations
    U.S. Environmental Protection Agency
    The U.S. Environmental Protection Agency announced that Advanced BioEnergy LLC, based in Bloomington, Minn., has agreed to pay penalties totaling $136,500 to settle claims related to violations at its Huron and Aberdeen, S.D. ethanol production facilities. The violations are related to the facilities' risk management programs and the failure to properly file Toxic Release Inventory forms detailing with the use and management of chemicals.
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    Missed last week's issue? See which articles your colleagues read most.

        OSHA lists top citations for chemical, general industries (NACD)
    EPA announces 23 chemicals for 2013 risk assessments (NACD)
    How does CSA affect small carriers? (Truckinginfo)

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

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    Michigan may allow hazardous materials across Ambassador Bridge
    The Hill Times
    Canada's busiest international truck crossing may soon be getting even busier, if the Ambassador Bridge connecting Windsor and Detroit is approved to carry trucks holding hazardous materials across the border, despite opposition on both sides of the Detroit River. The Detroit International Bridge Company, which owns the Ambassador Bridge, is seeking permission from the Michigan government to let trucks carrying gas, propane and other flammable and corrosive chemicals across the bridge.
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    Pipeline infrastructure: Rhetoric vs. reality
    At no point in our nation's history has the role and future of our national pipeline infrastructure been subject to more careful review and scrutiny.
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    7 tips to create a driver wellness program that works
    Decreased health care and worker's compensation costs, greater control of insurance premiums and improvement of safety records are just a few of the reasons to invest in a wellness program.
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    New CDL-testing provision may raise eyebrows
    Fleet Owner
    One provision of the Federal Motor Carriers Safety Administration's recently amended final rule on Commercial Driver's License Testing and Commercial Learner's Permit Standards may cause concern about its potential impact on the integrity of the CDL licensing process.
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