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NACD Regulatory Resources: Recording, slides from White House Executive Order webinar now available
Last week, NACD hosted an informative webinar on the White House Executive Order on Chemical Safety and Security and its potential impacts on NACD members. During the webinar, Christopher Bryant and Kathleen Roberts of Bergeson & Campbell, P.C., and NACD Vice President of Regulatory Affairs Jennifer Gibson described the provisions of the Executive Order and highlighted areas that could lead to new or different regulatory requirements for the chemical industry, including NACD members. The full webinar recording and slides are now available on the NACD members' only advocacy resources Web page at Please visit this page if you missed the webinar or would like to review the material. Please note that you will need your NACD username and password to access the page. In addition, please watch the News Brief and other NACD communications for future updates and requests for input on the Executive Order. The Interagency Working Group formed to carry out the Executive Order will conduct stakeholder outreach, and NACD will be involved in this process.
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Regulatory Update: DOT seeks input on rail car safety proposals
Last week, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration published an advance notice of proposed rulemaking to collect input on proposals to enhance the safe transportation of hazardous materials by rail car, including the DOT 111 tank car, a type of non-pressure tank car commonly used in North America. The ANPRM reflects a collection of stakeholder input on rail car safety, including eight petitions for rulemaking and four National Transportation Safety Board recommendations. Recommendations in the ANPRM include enhanced tank head and shell puncture resistance systems for 111 tank cars, as well as top fittings protection that exceed current requirements. The proposal also addresses operational issues that could limit or prevent derailments.
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Regulatory Update: FMCSA now using Uniform Fine Assessment software to calculate fines
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration has begun using the Uniform Fine Assessment Version 4.0 software to calculate the amounts of civil penalties for violations of the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations. FMCSA is required to consider certain statutory factors when proposing civil penalties for violations of the FMCSRs and HMRs and since the mid-1990s FMCSA has used its UFA software to consider those statutory factors. FMCSA has updated the UFA software to ensure that it adequately considers the statutory penalty factors for all statutes and regulations enforced by FMCSA; to implement the Agency's policy for consideration of the Small Business Regulatory Enforcement Fairness Act; and, to ensure uniformity in proposed civil penalties.
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Regulatory Update: FMCSA guidance on broker, freight forwarder requirements
Last week, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration published guidance concerning the implementation of provisions of the Moving Ahead for Progress in the 21st Century Act regarding persons acting as a brokers or freight forwarders. Section 32915 of MAP-21 requires anyone acting as a broker or a freight forwarder and subject to FMCSA jurisdiction, including motor carriers, to register and obtain broker or freight forwarder authority from the agency. Section 32918 amended the financial security requirements applicable to property brokers and created new requirements for freight forwarders. In a Sept. 5 Federal Register notice, FMCSA provided guidance for brokers and freight forwarders on how to comply with the new requirements and information regarding FMCSA's enforcement of these provisions. This guidance is effective Oct. 1, 2013. For a copy of the Federal Register notice, go to
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Regulatory Update: FMCSA to test changes to New Entrant Safety Assurance Program
Last week, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration announced an operational test of procedural changes to the New Entrant Safety Assurance Program. The operational test began in July 2013 and will be in effect for up to 12 months. It is applicable to new entrant motor carriers domiciled in the States of California, Florida, Illinois, Montana, New York and the Canadian Provinces contiguous to Montana and New York. The operational test procedures allow FMCSA to complete off-site safety audits of eligible new entrant motor carriers that can demonstrate basic safety management controls by submitting compliance documentation as requested by FMCSA. There will be no regulatory relief provided during the operational test, which is being conducted in accordance with existing regulations in subpart D of 49 CFR part 385.
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Regulatory Update: Coast Guard expands list of bulk packagings approved for hazmat transfers
Last week, the U.S. Coast Guard published a final rule in the Federal Register to amend its regulations concerning the transfer of hazardous materials to and from bulk packaging on vessels. The Coast Guard is expanding the list of bulk packagings approved for hazardous materials transfers to include International Maritime Organization Type 1 and Type 2 portable tanks, United Nations portable tanks and Intermediate Bulk Containers. The Coast Guard is also expanding the list of allowed hazardous materials to provide greater flexibility in the selection and use of packaging in the transportation of hazardous materials. The rule will eliminate the need to obtain Special Permits or Competent Authority Approvals to use IMO Type 1 or Type 2 portable tanks, UN portable tanks or IBCs. The final rule is effective Dec. 5, 2013, and the incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on Dec. 5, 2013. For a copy of the Federal Register notice with more details on the amendments, go to
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Proposed rules on chemicals of concern, chemical identity pulled from OMB
Bloomberg BNA
The Environmental Protection Agency has withdrawn a proposed rule that would have established a chemicals of concern list and another proposed rule that would have required manufacturers to disclose the identity of chemicals they would like to make or sell in the United States. EPA withdrew the proposed rules from the Office of Management and Budget, where they were under review, because the regulatory actions are no longer needed, the agency told Bloomberg BNA Sept. 6 in an emailed statement.
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EPA Web tool expands access to scientific, regulatory details on chemicals
The U.S. Environmental Protection Agency has launched a web-based tool, called ChemView, to significantly improve access to chemical specific regulatory information developed by EPA and data submitted under the Toxic Substances Control Act. "This online tool will improve access to chemical health and safety information, increase public dialogue and awareness, and help viewers choose safer ingredients used in everyday products," said James Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention. "The tool will make chemical information more readily available for chemical decision-makers and consumers."
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EDSP testing consortia forming now to meet EPA's deadline
Environmental Expert
On June 14, EPA issued the final second list of chemicals and substances for Tier 1 screening under the EDSP. EPA has indicated it will issue test orders for the Group 2 chemicals in batches, with the first batch to be issued as early as September. The EDSP has an extremely short deadline, with only two years allowed for completion of the required tests — some of which take as long as 15 months. Companies that manufacture or import chemicals on the Group 2 list are urged to be proactive and work to establish a testing consortium NOW — before a test order is issued.
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Missed last week's issue? See which articles your colleagues read most.

    CSB, EPA spar over Chevron investigation (Claims Journal)
Affordable Care Act new employer obligation takes effect Oct. 1 (NACD)
The effects of the new hours of service (Truckinginfo)

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

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CVSA brake inspection spree launched
Commercial Carrier Journal
More than 30,000 brake inspections will be performed as the Commercial Vehicle Safety Alliance's annual Brake Safety Week began Sunday, Sept. 8, and runs to Saturday, Sept. 14. Inspectors from the Federal Motor Carrier Safety Administration and all CVSA jurisdictions will conduct tens of thousands of truck and bus inspections. During last year's Brake Week, 21,255 trucks and buses were inspected and 1 of 7 of those were placed out-of-service, resulting in a 15.3 percent out-of-service rate. The 2012 OOS rate was slightly higher than in 2011, 2010 and 2009, but lower than 2008 and 2007.
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Taking the driver physical to the next level
Trucking companies, drivers and the general public who share the road with trucks would all benefit from an approach that treats truck driver health as an ongoing project rather than every-other-year paperwork — and the new National Registry of Certified Medical Examiners could be a step in that direction.
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Industry sales improved but profitability slipped in 2012
PR Newswire
Recently released results from the National Association of Chemical Distributors' Company Productivity Report for 2012 show that industry firms reported higher "real" sales growth versus the prior year. However, only one of the three industry segments reported higher profitability levels in 2012 than in 2011.
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NACD's bi-annual survey: Industry compensation is growing
PR Newswire
The results of the 2013 National Association of Chemical Distributors Compensation and Benefits Survey have recently been released. This study, last conducted in 2011, collects data on 25 key salaried positions and 15 hourly positions. Average total compensation figures for salaried employees were up, as compared to published 2011 results, on all but two positions.
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5 reasons every employer needs an employee handbook
D. Albert Brannen
The days of believing that a handbook can cause more harm than good are long gone. In today's business environment, a handbook serves both as a sword to carve out your legal rights, as well as a shield to protect them. A handbook sets expectations, encourages employees to behave in certain ways, helps ensure employees are treated consistently, publicizes employee benefits and helps win unemployment claims and lawsuits. These are just a few of the reasons why every employer, regardless of the number of employees, should have one.
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Engineering microbes for efficient production of fuels, chemicals
In the baseball world, a superstar can do five things exceptionally well: hit, hit for power, run, throw and field. In the parallel universe of the microbiological world, there is a current superstar species of blue-green algae that, through its powers of photosynthesis and carbon dioxide fixation, or uptake, can produce (count 'em) ethanol, hydrogen, butanol, isobutanol and potentially biodiesel. Now that's some five-tool player.
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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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Chempax ERP Systems
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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Valerie Hunt, Senior Content Editor, 469.420.2690   
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Caitlin O'Donnell, NACD Manager, Communications, 703.527.6223   

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