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FINAL CHANCE to register for the 2012 Washington Fly-In, May 16-17
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Senator Susan Collins Confirmed for Keynote Breakfast Speech!
Online registration is still open for the 2012 NACD Washington Fly-In. Still need hotel reservations? Please call NACD's Roselle Foley at (571) 482-3041. The two-day event kicks off at 2 p.m. on Wednesday, May 16, and concludes the afternoon of May 17.

Current Attendees: Don't forget to register for our upcoming Pre-FlyIn conference call and webinar on May 8 at 2 p.m. EDT to learn everything you need to know to have a successful Fly-In. Click here to view a teaser from Doug Pinkham, president, Public Affairs Council on how to put your best foot forward.

Regulatory compliance deadline: EPA Chemical Data Reporting deadline less than 2 months away — if you import chemicals, you are most likely subject to this regulation
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The reporting deadline for the Toxic Substances Control Act Chemical Data Reporting-CDR rule (formerly the Inventory Update Rule-IUR) is less than two months away on June 30. Under TSCA, importers of chemicals are considered to be manufacturers and thus subject to the law's requirements, including CDR reporting. If your company manufactured or imported any products on the TSCA Inventory in volumes of 25,000 pounds or more at a site during the principal reporting year (calendar year 2011), you must file a CDR report. More

Regulatory update: Ambush union election rule now in effect
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The National Labor Relations Board final rule to change the decades-old union representation election procedures took effect April 30 despite a court challenge and an attempt by the U.S. Senate to nullify the measure. This "ambush election" can be considered as the regulatory version of the union card check legislation considered by Congress in past years. The rule will likely result in union representation elections being held at a faster pace, within as little as 17 days after a petition is filed with the NLRB. More

Regulatory update: DOT proposes miscellaneous hazardous materials updates
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On April 26, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration published a notice of proposed rulemaking in the Federal Register to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. PHMSA states that the proposed amendments are designed to promote safer transportation practices; eliminate unnecessary regulatory requirements; address a petition for rulemaking; incorporate a special permit into the Hazardous Materials Regulations; facilitate international commerce; and simplify the regulations. More

Regulatory update: NACD signs letter asking OMB to delay action on DHS Personnel Surety Program
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NACD has joined 22 other industry associations in sending a letter to White House Office of Management and Budget Administrator Cass Sunstein asking the agency to prevent the Department of Homeland Security's Personnel Surety Program from moving forward. DHS developed the PSP as a way to implement the Chemical Facility Anti-Terrorism Standards Risk-Based Performance Standard 12. The PSP would require each CFATS-regulated facility to submit to DHS personally-identifying information regarding individuals seeking access to restricted areas and critical assets at the facility. More

Regulatory update: FMCSA issues new Rules of Procedure
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The Federal Motor Carrier Safety Administration published a final rule in the Federal Register to amend its Rules of Practice for motor carrier, intermodal equipment provider, broker, freight forwarder, and hazardous materials proceedings. In the rule, FMCSA clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. More

  General Business Interest

EPA announces Significant New Use Rules for 23 substances
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The Environmental Protection Agency has issued significant new use rules for 23 substances. The rule includes nine Premanufacturing Notice substances that are subject to consent orders under TSCA section 5(e) where the agency determined unreasonable risks are posed to human health or the environment. For the remaining substances, although EPA deemed their use posed no risk, it is concerned that deviation from the use scenario in the PMN might result in risks. More

EPA announces Significant New Use Rules for 119 substances
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The Environmental Protection Agency has announced significant new use rules under TSCA for 119 chemicals which were the subject of premanufacture notices. Four of these substances were subject to TSCA Section 5(e) consent orders issued by EPA after the agency determined that activities associated with these substances may present unreasonable risk to human health or the environment. The consent orders require use of protective measures to limit exposures or otherwise mitigate the potential risk. More

NTTC calls for USDOT numbers for all intrastate HM carriers
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Based on current federal regulations, intrastate trucking companies in 19 states are not required to obtain a USDOT number. This situation needs to change for a number of reasons, according to National Tank Truck Carriers. NTTC filed a petition for rulemaking with the Pipeline Hazardous Materials Safety Administration on April 11 requesting "that PHMSA make provision of a USDOT number a requirement for any carrier applying for a Hazardous Materials Registration Number, which already must be carried on every truck transporting hazardous materials." More

Plastic packaging projected for strong global growth, even in mature markets
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Driven primarily by food-related applications, plastic packaging is growing globally. It is especially booming in developing regions. Packaging demand is expected to take off as the growth of the middle class in developing nations continues, with more consumers around the world seeking out fresher foods. And while packaging is a mature market in North America, it will continue to grow there, especially with sustainability as a strong driver. More

NACD NewsBrief
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Caitlin O'Donnell, NACD Assistant Manager, Communications & Meetings, 703.527.6223  
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