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  NACD News

Regulatory Update: Government shutdown impacts key regulatory agencies
The Federal Government Shutdown, which began last week, is severely impacting agencies that regulate the chemical distribution industry including the Department of Homeland Security, the Environmental Protection Agency, the Occupational Safety and Health Administration and the Department of Transportation. The first Listening Session for the White House Executive Order on Chemical Safety and Security, which was to have taken place last week in Washington, has been postponed until a date to be determined after the shutdown.
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Regulatory Update: PHMSA publishes final rule to clarify hazardous materials regulations
Last week, the Department of Transportation's Pipeline and Hazardous Materials Safety Administration published in the Federal Register final rule HM-244F to correct editorial errors, make minor regulatory changes and clarify certain provisions in the Hazardous Materials Regulations. PHMSA says that the intended effect of the final rule is to enhance the accuracy and reduce misunderstandings of the regulations. Among the amendments are minor changes to the Hazardous Materials Table and clarification of some shipping paper and label requirements. PHMSA states that the amendments contained in the final rule are non-substantive changes and do not impose new requirements. The changes made in the rule are effective immediately. Click here for a copy of the final rule.
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Regulatory Update: PHMSA publishes final rule on hazardous materials penalties
Last week, the Department of Transportation's Pipeline and Hazardous Materials Safety Administration published a final rule/revised statement of policy in the Federal Register to update baseline assessments for frequently-cited violations of the Hazardous Materials Regulations and to clarify additional factors that affect penalty amounts. PHSMA is increasing the baselines in the List of Frequently Cited Violations in Part II of the guidelines to reflect inflation and the statutory increase in the maximum civil penalty, which took effect in October 2012. PHMSA says that the revised statement of policy is intended to provide the regulated community and the general public with information on the hazardous materials penalty assessment process. The new penalty guidelines are effective immediately. Click here for a copy of the notice and the new penalty amounts.
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Regulatory Update: PHMSA proposes to prohibit hazmat transportation if penalties unpaid
The Department of Transportation's Pipeline and Hazardous Materials Safety Administration recently published a proposed rule in the Federal Register to prohibit persons who fail to pay their civil penalties or to abide by payment agreements as ordered from performing activities regulated by the Hazardous Materials Regulations until the required payments are made. PHMSA is proposing this measure in response to a Congressional requirement included in the 2012 Moving Ahead for Progress in the 21st Century Act. Under the proposal, PHMSA would issue cessation of operations orders if payments are not received within 45 days of penalty due dates. These persons would be required to cease their regulated hazardous materials operations by the 91st day following the due date or be subject to additional penalties, including potential criminal prosecution. Comments on these changes are due to PHMSA by Nov. 25, 2013. Click here for a copy of the proposed rule.
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Regulatory Update: FMCSA publishes final rule to adopt congressionally mandated changes to motor carrier safety regulations
The Department of Transportation's Federal Motor Carrier Safety Administration has published a final rule in the Federal Register to adopt certain regulations required by the Moving Ahead for Progress in the 21st Century surface transportation reauthorization legislation, which Congress enacted last year. The majority of these statutory changes went into effect Oct. 1, 2012, and others took effect last week. Among the changes are a reduction in the amount of time that new entrant motor carriers are required to undergo a safety fitness review from 18 to 12 months, penalty increases for evading regulatory requirements, and an extension of financial security requirements to brokers and freight forwarders. FMCSA says the changes were necessary to ensure that FMCSA's regulations are current and consistent with the applicable statutes.
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Regulatory Update: EPA evaluates flame retardant chemicals and safer substitutes
The U.S. Environmental Protection Agency recently released a draft report on alternatives to a flame retardant chemical, hexabromocyclododecane, which has persistent, bioaccumulative and toxic characteristics. EPA says that the report's findings can help manufacturers identify safer alternatives to the use of HBCD in polystyrene building insulation. The Design for the Environment Alternatives Assessment draft report, developed with stakeholder and public participation, describes the uses of HBCD with an overview of life cycle and exposure information. The report identifies two viable chemical alternatives for use in polystyrene building insulation, in addition to a list of substances that are not currently expected to be viable. One of the alternatives, a butadiene styrene brominated copolymer, is anticipated to be safer than HBCD and is currently in commercial production in the U.S. Alternative materials are also identified in the report.
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State Regulatory Action Needed: Companies with operations in Massachusetts asked to weigh in on decision to classify methylene chloride as higher hazard
The Administrative Council for the Massachusetts Toxic Use Reduction Act recently voted to designate methylene chloride as a Higher Hazard chemical. In making this decision, the Council relied on anecdotal evidence and failed to adequately consider industry input. The Massachusetts Chemistry and Technology Alliance, of which NACD is a member, is asking its members and other companies who have business in the Commonwealth of Massachusetts to contact Gov. Deval Patrick and members of the legislature to express concerns about this action on methylene chloride.
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Security Update: October is Cybersecurity Awareness Month
To increase awareness of the importance of cybersecurity, the President has designated the month of October a National Cyber Security Awareness Month. This initiative, which began with a presidential proclamation in 2004, is designed to engage and educate public and private sector partners through events and initiatives with the goal of raising awareness about cybersecurity to increase the resiliency of the nation in the event of a cyber-incident. Since the 2004 proclamation, NCSAM has been formally recognized by Congress, federal, state and local governments, as well as leaders from industry and academia. The objective of NCSAM is to maintain a cyberspace that is safer, more resilient, a continued source of opportunity and growth for the foreseeable future. For more information and to download Web banners, logos and other NCSAM 2013 materials, visit www.staysafeonline.org/ncsam.
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INDUSTRY TOPICS


Government shutdown? Not for FMCSA, trucking regs
Overdrive
Enforcement of trucking regulations and the operation of the Federal Motor Carrier Safety Administration will not be affected by the federal government shutdown that began Oct. 1, says the Department of Transportation in its shutdown plan. FMCSA, along with the Federal Highway Administration, is funded by the Highway Trust Fund and multi-year appropriations bills, like the MAP-21 highway funding law, meaning the two agencies do not rely on Congress' annual appropriations for funding.
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CVSA, FMCSA sponsoring Operation Safe Driver week
Commercial Carrier Journal
The Commercial Vehicle Safety Alliance is calling on all drivers to make a difference, reduce aggressive and distracted driving and save lives across North America with its annual Operation Safe Driver campaign mobilization week Oct. 16-22.
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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    FMCSA clarifies: Vehicles carrying IBCs are included in tank vehicle definition (NACD)
DOT to require clearance for hazmat trucks at highway-rail grade crossings (NACD)
Video highlights safety, security of steel drums (Industrial Steel Drum Institute)

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


First draft: Road map for material handling, logistics
MHI via Supply Chain Brain
The first draft of the U.S. Roadmap for Material Handling & Logistics is now available for public review. The document is being developed to aid industry in addressing challenges to be faced by the material handling and logistics sector between now and 2025. The content of the initial draft is based on input from more than 100 experts from industry, the supplier community, academia, government, trade associations and the press. They participated in one of four roundtable events held between April and June of 2013.
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FMCSA expands out-of-service order ability, increases fines for violations
Commercial Carrier Journal
The Federal Motor Carrier Safety Administration — in compliance with the MAP-21 highway funding law finalized last year — has increased fines for several violations of its regulations and widened its authority to issue out-of-service orders, per an entry in the Federal Register Oct. 1. The new rules, made final Oct. 1, allow the agency to place an entire carrier out of service for operating vehicles "without or beyond the scope of registration," according to the regulation, whereas previously only the unregistered vehicle itself could be placed out of service.
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House criticizes FMCSA regulatory efforts
Digital Journal
Over the course of 2013, the Federal Motor Carrier Safety Administration has made important strides in implementing regulations designed not only to prevent the occurrence of truck accidents, but also to improve overall highway safety. Although many safety experts have applauded the FMCSA's efforts, some Congressional leaders are criticizing the agency, saying that it is not acting as quickly as it should be.
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What to expect with California's Safer Consumer Products regulations
Lexology
On Oct. 1, California's Safer Consumer Products Act went into effect. More commonly known as California's "Green Chemistry" law, the act directs the Department of Toxic Substances Control to identify and prioritize chemical ingredients in consumer products that may pose health concerns, and to determine how best to limit or reduce potential hazards posed by those chemicals.
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Understanding the government shutdown and enrolling in health care exchanges
American Express OPEN Forum
The shutdown of the federal government is having far-reaching effects on the small business community. The impasse in Congress over funding happened the same week that enrollment started in health exchanges that were made possible by the Affordable Care Act. Katie Vlietstra, the director of government affairs with the National Association of the Self-Employed, and David Ickert, a board member at the National Small Business Association, talk about the how small business owners are dealing with all of these changes.
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  PRODUCT SHOWCASES
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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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