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  NACD News

NACD Regulatory Webinar: How will White House Chemical Safety and Security Executive Order impact NACD members?
Please join NACD on Thursday, Sept. 5, at 12 noon EDT for a webinar on the new White House Executive Order — Improving Chemical Facility Safety and Security. As a response to the fatal West, Texas, fire and explosion, which exposed regulatory gaps, this Executive Order directs federal agencies to enhance coordination and information across the federal government; improve operational coordination with state and local partners; modernize policies, regulations and standards; and work with stakeholders to identify best practices. Christopher Bryant and Kathleen Roberts of Bergeson & Campbell, P.C. and NACD Vice President of Regulatory Affairs Jennifer Gibson will provide an overview of the Executive Order, review specific elements that will impact NACD members, and discuss how NACD will be involved in the Working Group process to highlight Responsible Distribution. Click here to register for this free webinar.
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Regulatory Resources: Now easier to find resources on NACD website
The NACD website recently received a bit of a navigation facelift. To make it easier for you to navigate to the resources that are important to you, we've added a few new items to the navigation header at the top of the website. Regulatory now has its own tab with direct links to the regulatory compliance resources page, NACD regulatory comments and more. Legislative resources and the NACD Regions now have their own areas as well. The website also now features drop-down menus — scroll over an item in the top navigation header to view. View the website now! If you are having trouble viewing the new navigation or are having trouble finding resources, please contact NACD Communications Manager Caitlin O'Donnell at
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Regulatory Update: OSHA withdraws proposed rule to amend on-site consultation program
The U.S. Occupational Safety and Health Administration recently withdrew a proposed rule to amend its regulations for the federally-funded On-Site Consultation Program, which offers free and confidential safety and health advice to small and medium-sized businesses across the country, with priority given to high-hazard worksites. OSHA said it withdrew the proposed rule based on stakeholder concerns that the proposed changes would discourage employers from participating in the program. Click here to read the withdrawal notice.
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Regulatory Update: OSHA quick card compares HazCom 2012, NFPA Diamond labels
The U.S. Occupational Safety and Health Administration, in cooperation with the National Fire Protection Association, has published a "Quick Card" that compares the NFPA 704 Diamond label and HazCom 2012 label to address questions concerning the purpose of the labels, numbering systems used and the other information provided on these labels. The "Quick Card" is available on the NFPA website at, or click here to access the document directly.
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Regulatory Resources: FDA releases presentation on FSMA proposed rules
The U.S. Food and Drug Administration has released a new presentation, Proposed Rules to Help Ensure the Safety of Imported Food, to provide an overview of the Proposed Regulations for Foreign Supplier Verification Programs and the Proposed Rule for Accreditation of Third-Party Auditors. The FDA published these two rules, which are part of the Food Safety Modernization Act implementation, earlier this summer. Under the proposed FSVP regulations, importers would be required to perform certain risk-based activities to verify that food imported into the U.S. has been produced in a manner that provides the same level of public health protection as that required of domestic food producers. The second proposed rule would establish a program for accreditation of third-party auditors, also known as certification bodies, to conduct food safety audits and issue certifications of foreign facilities and the foods they produce. Click here to access the presentation as well as several others on the FSMA.
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Regulatory Update: EPA decommissions eDisclosure tool
The U.S. Environmental Protection Agency has decommissioned eDisclosure, its Web-based system that allowed companies to electronically self-disclose certain violations under EPA's Audit Policy. Although the agency has taken eDisclosure off-line, regulated entities may still make voluntary disclosures under the Audit Policy. Under this policy, "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations," regulated entities who self-disclose violations are eligible for reduced penalties under certain conditions. They must voluntarily discover, promptly disclose to EPA, expeditiously correct and prevent recurrence of future environmental violations. Disclosures are often preceded by consultation between EPA and the regulated entity, so they can discuss mutually acceptable disclosure details, compliance and audit schedules. Click here for more information, including instructions on how to submit disclosures.
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Safety Resources: NTTC webinar on preventing tank truck rollovers available
Earlier this month, the National Tank Truck Carriers hosted a webinar, Tank Truck Rollovers: The Challenge Continues. During this webinar, Paul Bomgardner of the Federal Motor Carrier Safety Administration, Doug Pape of Battelle, Steve Niswander of Groendyke Transport, Charles Wilson of Bulk Transporter and John Conley of NTTC reviewed the latest surveys, studies and government reports highlighting specific rollover issues. They discussed what managers can do to address this issue across the tank truck sector and specifically covered the topics of the driver role in tanker rollovers, which types of vehicles are having the most rollovers, locations across the United States where the risk of a tank truck rollover is highest, rollover-related driver training strategies and programs, and government and industry efforts to combat rollovers. The webinar is now available at no cost for downloading and viewing on the Bulk Transporter website by clicking here.
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Regulatory Update: STB establishes new arbitration process
The Surface Transportation Board has adopted new final rules that allow the Board to order parties to participate in mediation in certain types of cases and modify and clarify its existing mediation regulations. The Board has also established a new arbitration program under which carriers and shippers may agree voluntarily in advance to arbitrate certain types of disputes that come before the Board. Under the new rules, railroads and shippers can choose to arbitrate on matters involving demurrage, accessorial charges, misrouting or mishandling of rail cars, and disputes over a carrier's published rules and practices as applied to particular rail transportation. The new rules took effect June 12, 2013. Click here to read the final rule and learn about the new procedures.
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  General Business Interest

OSHA indicates regulatory changes coming to fix 'gaps' in PSM standard
Arent Fox LLP via Lexology
Recently, OSHA unveiled a new regulatory agenda that included proposed rulemaking on "Process Safety Management and Flammable Liquids." If OSHA follows through with its regulatory agenda, employers can expect several changes to the PSM standard that will undoubtedly affect their operations.
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EOBRs are now ELDs
Among the provisions of last year's Moving Ahead for Progress in the 21st Century transportation bill is language directing the Department of Transportation, through the Federal Motor Carrier Safety Administration, to implement a rule mandating electronic logging devices in all vehicles operated by drivers now required to keep paper logbooks. "EOBR is a general term we've used in the industry for these types of devices," says Dave Kraft, director of industry affairs, Omnitracs. "Now we talk about electronic logging devices." Kraft says the MAP-21 transportation bill referred to the devices as electronic logging devices and the FMCSA decided to use that term in its rulemaking. "They will be called ELDs in the regulatory environment, but if you still want to call it an EOBR, you can."
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Shave a few points off CSA score by contesting lights, generic speeding tickets
Commercial Carrier Journal
Is your fleet getting dinged for inoperative lamp violations on lights that aren't actually required by the Federal Motor Carrier Safety Administration's Compliance, Safety, Accountability program? It's a problem that happens fairly frequently — and unfairly, said Panther Expedited's Irwin Shires at the Expedite Expo in Wilmington, Ohio.
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Carrier registration system rule clears OMB
A Unified Carrier Registration rule could be made final within a week, as the Office of Management and Budget has cleared the Federal Motor Carrier Safety Administration’s proposed rule and sent it back to the agency to become final. FMCSA said in February when the plan was submitted it would likely publish a rule within a week of OMB clearance. The rule is meant to streamline existing registration processes for carriers and be a clearinghouse for information on motor carriers, brokers, freight forwarders and others who must register with the Department of Transportation.
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Agencies set public meeting on rail hazmat movements
Occupational Health & Safety
Two Department of Transportation agencies, the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration, want to hear from stakeholders because they have begun a review of operational factors that affect the safe transportation of hazmats by rail.
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Missed last week's issue? See which articles your colleagues read most.

    FMCSA adds 2 violations to Safety Measurement System (NACD)
US system for flagging hazardous chemicals 'widely flawed' (Reuters)
Interactive map highlights trains carrying toxic materials (Center for Effective Government)

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

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Logistics is now a verb
Cargo Business News
"The only thing constant is change…" This phrase applies to everything, and even what we call our industry seems to have shifted over time, with "logistics" and "supply chain" being the most popular. One expert claims "logistics" is the verb and "supply chain" the noun when describing, in the simplest terms, the movement of products to customers anywhere around the world.
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US on track for $71 billion in new investment in natural gas projects
Canadian Plastics
Abundant supplies of natural gas from shale have created significant economic opportunities for the U.S. chemical industry that could result in $71.7 billion in new investments and more than 530,000 permanent new jobs, according to a new report from the American Chemistry Council. The report is based on a detailed examination of the 97 chemical industry projects that have been announced as of March 2013, ACC said. It explains that the $71.7 billion in capacity expansion will engender an additional $66.8 billion in chemical industry output, a 9 percent gain above what otherwise would have been the output in 2020.
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National Tank Truck Carriers (NTTC)

The National Tank Truck Carriers, Inc. (NTTC) represents the tank truck industry before Congress and various federal agencies. Our mission is to champion safety and success in the tank truck community and the people we serve. NTTC’s membership consists of tank truck carriers that specialize in bulk transportation services throughout North America and over 300 vendors that serve our industry.
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NACD NewsBrief
Colby Horton, Vice President of Publishing, 469.420.2601
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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