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Regulatory Resources: NACD to host free FSMA webinar Dec. 5
On Thursday, Dec. 5, at 12 noon Eastern time, NACD will host a webinar, Food Safety Modernization Act for Chemical Distributors — What You Need to Know. The Food Safety Modernization Act, which was signed into law almost two years ago on Jan. 4, 2011, is the most significant expansion of food safety requirements and the Food and Drug Administration's food safety authority in more than 70 years. The FSMA imposes new requirements on entities that manufacture, process, pack, transport, distribute, receive or hold food and food products. These requirements are applicable to distributors whose chemicals could be used in food or food packaging. Register today at
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Regulatory Update: Listening sessions announced on White House Chemical Safety and Security Executive Order
The U.S. Environmental Protection Agency, Department of Homeland Security and Occupational Safety and Health Administration have released a schedule of public listening sessions that will take place beginning next week to receive input on White House Executive Order 13650 — Improving Chemical Facility Safety and Security. During the listening sessions, the Executive Order Working Group will share an overview of the various sections of the Order and the progress made to date on each. Following the overview, stakeholders will have an opportunity to provide individual input on the process and the specific areas in the Order. These areas include improving operational coordination with states, tribes and local partners; enhanced information collection and sharing; modernizing regulations, guidance and policies; and identifying best practices in chemical facility safety and security. The first listening session will take place Tuesday, Nov. 5, from 8 a.m. to 4:30 p.m. in Texas City, Texas. Click here for more details and to register.
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Regulatory Update: FMCSA's final rule exempts short-haul drivers from 30-minute rest break requirement
Yesterday, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration published a final rule in the Federal Register to officially amend the recently finalized hours-of-service rules to provide an exception from the 30-minute rest break requirement for short-haul drivers who are not required to prepare records of duty status. FMCSA had announced the exemption previously in response to a decision of the United States Court of Appeals for the District of Columbia Circuit on the HOS rules. For a copy of the final rule, click here.
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Regulatory Update: IATA summarizes changes to dangerous goods rules
The International Air Transport Association has released a summary of main changes to its Dangerous Goods Regulations. These changes will be in the 55th edition of the Dangerous Good Regulations, which will take effect Jan. 1, 2014. The summary is two pages long, and some of the most significant changes involve provisions impacting lithium batteries and radioactive materials. In order to give shippers and carriers advance notice of future changes, the summary also includes a list of amendments already agreed to by the International Civil Aviation Organization that will take effect in 2015. Click here to download the summary.
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Regulatory Enforcement Update: New York company to pay $150,000 penalty for TSCA violations
The U.S. Environmental Protection Agency has reached a settlement with Blaser Swisslube, Inc., in Goshen, N.Y., for violations of Toxic Substance Control Act regulations. The company, which produces high-end coolants for tools, failed to notify the EPA before importing a chemical it had been using to inhibit corrosion in one of its products. Under the settlement terms, the company will pay a $150,000 penalty. When a company brings a new chemical into the U.S. it must notify the EPA and certify 90 days before importation that it meets all TSCA rules and regulations.
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Regulatory Update: EPA extends deadline for review of TSCA notices
The U.S. Environmental Protection Agency published a notice in yesterday's Federal Register announcing that because of the recent federal government shutdown the agency is extending the review periods for all Premanufacture Notices, Significant New Use Notices, Microbial Commercial Activity Notices and exemption notices submitted under section 5 of the Toxic Substances Control Act and received by EPA on or before Oct. 1, 2013, and for which the review period had not expired as of Oct. 1, 2013. EPA did not receive notifications with respect to such submissions during the shutdown, which began Oct. 1 and concluded Oct. 16. Also, during the shutdown, submissions made through e-PMN/CDX or other methods were not processed by EPA. Consequently, the review period for any TSCA Section 5 notice submitted during the shutdown did not begin until operations resumed Oct. 17, 2013. The duration of this extension period, 16 days, is equivalent to the duration of the shutdown. Click here for a copy of the announcement.
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Regulatory Update: Environmentalists release video, call for IST mandate
Last week, the Coalition to Prevent Chemical Disasters, a group of more than 100 health, labor, community, environmental justice and public interest organizations, released a video to urge viewers to contact the White House to call for inherently safer technology mandates to protect the public from threats posed by chemical facilities. The video begins with the West, Texas, explosion and includes footage from several additional chemical plant explosions. It also features clips from President Barack Obama, then-Senator Obama, then-Senator Joe Biden, and the late Senator Frank Lautenberg speaking in favor of IST mandates for chemical facilities. The release of the video follows the recent release of a poll from the same coalition, which found that a majority of likely voters believes "the federal government should require chemical facilities to use safer chemicals and processes" when they are effective, available and affordable. The coalition will be a major player in attempting to shape the recommendation of the President's Executive Order on Chemical Safety and Security with a requirement for facilities to implement IST as the top priority. Click here to view the video, poll and other information.
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Regulatory Update: NIST releases preliminary cybersecurity framework
Last week, the U.S. Department of Commerce's National Institute of Standards and Technology released its Preliminary Cybersecurity Framework. This document is a result of Executive Order 13636, Improving Critical Infrastructure Cybersecurity, which President Barack Obama issued in February. The program set forth in the framework is voluntary. The purpose of the framework is to create a set of steps that can be customized to various industry sectors and adopted by both large and small organizations while providing a consistent approach to cybersecurity. Specifically, the Preliminary Framework establishes the following steps for a cybersecurity program: identify mission objectives, systems, assets, regulatory requirements and overall risk approach; create a current profile; conduct a risk assessment; create a target profile; determine, analyze and prioritize gaps; and implement an action plan. The framework is published in today's Federal Register, kicking off a 45-day comment period. NIST will also hold a workshop to discuss the Preliminary Framework Nov. 14-15 at North Carolina State University. The Executive Order calls for the final version of the Cybersecurity Framework to be completed by February 2014. Click here for a copy of today's Federal Register notice.
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Michaels: New OSHA offerings promote chemical safety
Occupational Health & Safety
Two new online tools from OSHA can help employers in every industry sector choose safer alternative chemicals to substances they're currently using and also voluntarily adopt more protective exposure limits, Dr. David Michaels, the assistant secretary, said Oct. 24. He unveiled both tools in a brief news conference: annotated PELs tables showing how its current permissible exposure limits differ from Cal/OSHA, NIOSH and ACGIH exposure limits and also a toolkit employers can use to choose safer alternative chemicals.
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OSHA chief warns rules are 'dangerously out of date'
The Hill
Federal limits on the amount of hazardous chemicals that workers can be exposed to are decades out of date, the head of the Occupational Safety and Health Administration said, and workers across the country could be at risk even if their employers are following the rules. David Michaels said it has become nearly impossible for the agency to update its chemical safety regulations, so it is urging companies to take action on their own.
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The big list of trucking industry concerns
Today's Trucking
The American Transportation Research Institute released its top 10 list of trucking industry concerns in October. The 2013 survey, which was commissioned by the American Trucking Associations, had a 41 percent increase in responses compared to 2012: A total of 1,327 respondents, from both the U.S. and Canada, completed the survey. The report compares the results of previous years' surveys, creating a predictive indicator of emerging priorities in the trucking industry, ATRI noted. So what's keeping you up at night?
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Schneider: Drivers don't feel rested under HOS rules, just less productive
Today's Trucking
Since the new hour of service rules implementation on July 1, Schneider National says it has seen just over a 3 percent drop in productivity on solo shipments and a 4.3 percent decline on team shipments. Schneider had forecast a 3 to 4 percent drop in productivity. That forecast was based on predictive modeling and presented as testimony to the Federal Motor Carrier Safety Administration in February 2011.
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3-part series: All about the driver
Commercial Carrier Journal
A three-part series examines an Oct. 22 discussion held during the American Trucking Associations Management Conference and Exhibition. Hourly pay for drivers, the impact of hours of service rules and strategies for driver recruiting and retention all stepped into the spotlight this year.
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FMCSA declares 3 commercial long-haul drivers 'imminent hazards'
Land Line
In separate investigations, a trio of long-haul truckers were declared imminent hazards to public safety by federal regulators and ordered not to operate commercial vehicles. The three drivers are Illinois-licensed Stewart G. Snedeker, Michigan-licensed Tracey A. Ferrell and Texas-licensed Scotty G. Arnst. All three have been involved in crashes that resulted in serious injuries or deaths. The Federal Motor Carrier Safety Administration announced the order in a series of press releases Oct. 25.
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Missed last week's issue? See which articles your colleagues read most.

    EPA fines company $257,167 for RMP and EPCRA violations (NACD)
Law passes on sleep apnea tests for truckers (The City Wire)
Gulf Coast chemical industry bounces back (Allegheny Front via WITF)

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

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Tax reform effort could include infrastructure funding
Two congressional leaders who have been working on tax reform for the past couple of years are getting closer to drafting proposals that could include renewed commitment to highway funding. Sen. Max Baucus, D-Mont., chair of the Senate Finance Committee, and Rep. Dave Camp, R-Mich., chair of the House Ways and Means Committee, have held dozens of hearings on ways to improve corporate and individual taxation. On the table is a broad range of possible changes to the ways the government collects and spends money to pay for infrastructure. Close followers of trucking interests on Capitol Hill see the Baucus and Camp initiatives as the likeliest way for Congress to break through the inertia that has stalled infrastructure reinvestment.
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Chemical earnings edge up despite uneven demand
Chemical & Engineering News
Third-quarter results from U.S. chemical firms show that the industry has found ways to increase profits despite wobbly global demand. Executives at diversified companies such as Dow Chemical and DuPont told analysts that they have turned to "self-help" to grow earnings rather than waiting for stable economic growth. For example, they are shifting resources to high-margin product lines. These strategies have helped companies claw back from the precipitous declines seen in last year's third quarter.
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NACD NewsBrief
Colby Horton, Executive Vice President of Publishing, 469.420.2601
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