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Regulatory Resources: Register today for next week's NACD Food Safety Modernization Act webinar
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 three 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 over 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.
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Regulatory Update: NACD asks FMCSA to exclude IBCs from tank vehicle definition
NACD Vice President of Regulatory Affairs Jennifer Gibson filed comments yesterday in response to the Federal Motor Carrier Administration's Commercial Driver's License Standards: Definition of Tank Vehicle User for Determining the License Endorsement Requirement. In the comments, NACD expressed serious concerns about FMCSA's inclusion of trucks transporting bulk portable tanks with an individual capacity of less than 1000 gallons and an aggregate capacity of 1000 gallons or more in the proposed tank vehicle definition. Including this scenario in the definition will force many drivers transporting vehicles that do not pose the same safety risks as tank vehicles to obtain tank endorsements on their CDLs.
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Regulatory Update: Chemical Safety and Security Executive Order listening sessions continue; proposals expected soon
The public listening sessions on White House Executive Order 13650, Improving Chemical Facility Safety and Security, are in full swing. To date, the Executive Order Working Group, Tri-Chaired by the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration and the U.S. Department of Homeland Security, has hosted listening sessions in Texas City, Texas; Washington, D.C.; and Springfield, Ill. In addition, a webinar was held yesterday. Another webinar will be held on Monday, Dec. 16. Additional face-to-face sessions will be held on Dec. 11 in Orlando, Fla.; Jan. 7 in California; and during the week of Jan. 20 in Houston. The Working Group is also planning to reschedule a session that had been set to take place on Dec. 4 in Hamilton, N.J. NACD members are strongly encouraged to participate in these listening sessions.
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NACD Staff Update: NACD welcomes new Government Affairs staff
NACD is pleased to announce the appointment of Ben Traynham as Manager of Legislative Affairs. Ben's responsibilities will include managing the annual Washington Fly-In, the Responsible Distribution PAC, the Congressional Site Visit program, and all other grassroots outreach activities. "Ben brings new fundraising and outreach program experience to the NACD legislative affairs department. He will be working with our member companies to better engage in the political process through outreach to federal legislators when they are both here in Washington, D.C., and back in their home states," said John Shanahan, NACD Vice President of Legislative Affairs.
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Regulatory Resources: EPA announces webinars to demonstrate TSCA electronic submission system
The U.S. Environmental Protection Agency is developing a fully electronic, Web-based system for Toxic Substances Control Act submissions. Beginning next week, the agency will hold a series of webinars to demonstrate these systems. On Thursday, Dec. 5, from 1-4 p.m. Eastern time, EPA will hold a session on the new system that will replace the e-PMN reporting software currently required to be used to submit certain TSCA Section 5 notifications and support documents to EPA. The webinar will include a Web-based walk through of the main PMN form, joint submissions, and Letters of Support reporting modules under development. The focus of the session is on the functionality of the system, and specific submission requirements will not be discussed during the demonstration.
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Regulatory Update: OSHA removes incentives in strategic partnership program
The U.S. Occupational Safety and Health Administration recently issued a new directive on its Strategic Partnership Program for Worker Safety and Health (CSP 03-02-003) that removes certain incentives and creates new requirements for program participants. Under the revisions, OSHA will no longer offer participants a deferral from programmed inspections nor a 10 percent "good faith" penalty reduction for participants with established safety and health management systems. In addition, OSHA is now requiring participants to specifically address worker involvement in safety and health management systems and to gain support from unions. The new directive took effect on Nov. 6, but certain portions are retroactive to July 2012. Click here for a copy of the directive.
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Regulatory Update: U.S. DOT issues new safety advisory for Class 3 hazardous materials transported by rail
On Nov. 20, 2013, the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration and Federal Railroad Administration published a safety advisory in the Federal Register as a follow-up to the agencies' joint safety advisory published on Aug. 7, 2013, and FRA's Emergency Order No. 28 published that same day, both of which relate to the July 6, 2013, catastrophic accident in Lac-Mégantic, Quebec. In this latest safety advisory, PHMSA and FRA are reinforcing the importance of proper characterization, classification, and selection of a packing group for Class 3 materials, and the corresponding requirements in the Federal hazardous materials regulations for safety and security planning. In addition, the agencies are reinforcing that they expect offerors by rail and rail carriers to revise their safety and security plans required by the Federal HMR, including the required risk assessments, to address the safety and security issues identified in FRA's Emergency Order No. 28 and the Aug. 7, 2013, joint Safety Advisory. For a copy of the advisory, go to
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International Regulatory Update: Canada requires community notification of hazardous materials rail traffic
Last week, the Canadian Minister of Transport issued a protective direction directing rail companies to share information with municipalities. The Minister of Transport says that the objectives of the protective direction are to further enhance safety in the transportation of dangerous goods and to facilitate an ongoing dialogue between railways and municipalities.
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ACC's Dooley says industry open to negotiating on chemical safety reform
E&E News
Following the recent House Energy and Commerce Committee hearing on reforming chemical safety policy, what are the prospects for moving legislation this year? Cal Dooley, president of the American Chemistry Council, weighs in on key sticking points, including U.S. EPA's authority, and talks about potential areas for negotiation.
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Missed last week's issue? See which articles your colleagues read most.

    FSMA webinar to feature NACD Preferred Regulatory Provider and Member (NACD)
EPA settles air quality and improper chemical storage violations (Food Quality News)
OSHA issues proposed rule to require electronic reporting of injury and illness data (NACD)

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

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Hours-of-service hearing: Ferro grilled, says agency not open to changing rule
Commercial Carrier Journal
Administrator Anne Ferro persistently defended her Federal Motor Carrier Safety Administration's hours-of-service rule Nov. 21 in a House subcommittee hearing, saying she is not open to repealing the regulations. "No, absolutely not," she said when asked by subcommittee chairman Rep. Richard Hanna, R-N.Y., whether she would be open to undoing the rule. Members of the House's Small Business committee didn't pull any punches in questioning FMCSA head Ferro, who testified before the panel of congresspersons at a hearing dubbed "Wrong Way: The Impact of FMCSA's Hours of Service Regulation on Small Businesses."
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Trucking groups once again note hours rule problems, call for overturning
Commercial Carrier Journal
Two of the loudest voices of the trucking industry's battle against the new hours-of-service rule — the American Trucking Associations and the Owner-Operator Independent Drivers Association — both have reiterated their stances against the restart and break provisions of the rule and their support for essentially repealing the rules.
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FMCSA study: PSP program lowering crash and driver OOS numbers
A recent Federal Motor Carrier Safety Administration report shows that motor carriers using the agency's Pre-Employment Screening Program are seeing a greater decline in crash rates than those who are not using it. "The overall adjusted improvement in the crash rates for the PSP group, across all size classes, was statistically significant," said the report. It also found those using PSP experienced a drop in driver out-of-service violations.
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Dec. 1 OSHA deadline looms
OSHA wants you to train your workers in Hazard Communication, and wants you to do it by Dec. 1 of this year. The trick? It's a totally new curriculum. Hazard Communication — more commonly known as the "Right to Know" rule about hazardous chemicals in the workplace — is the most frequently cited rule in OSHA. And this new curriculum brings the U.S. in line with what the rest of the world is doing with chemicals: new labels, new placards, new material data safety sheets, new ways of classifying chemicals.
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US chemical output edges lower in October
U.S. chemical output nudged down on a monthly basis in October as gain in the Gulf Coast region was offset by declines in other areas, according to the latest monthly report from the American Chemistry Council. The Washington-based chemical industry trade group said that the U.S. Chemical Production Regional Index fell 0.2 percent in October, following a revised 0.3 percent fall a month ago, with pace of decline moderating across all seven regions.
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SKU growth and turnover speed help justify flow storage
Material Handling & Logistics
Depending on warehouse size and turnover speed, flow storage systems can reduce monthly costs per pallet position by up to 28 percent compared to manual radio-shuttle solutions, according to a new comparative study published by Interroll and conducted by the management consulting firm Intralenco. At the same time, warehouse capacity can be increased by up to 50 percent.
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Colby Horton, Executive Vice President of Publishing, 469.420.2601
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