November 20, 2007 Volume # 8 Issue # 24

A bi-weekly source for Association news and regulatory and legislative developments affecting the chemical distribution industry.

NACD News - Table of Contents Legislative and Regulatory Updates BREAKING NEWS! - Final Appendix A List of Chemicals Published in the Federal Register Today House Passes Bill to Patch AMT and Extend R&D Tax Credit – Offset Issue Causes Delays FMCSA Publishes Notice of Enforcement Policy on HazMat Out-of-Service Rates FMCSA Withdraws Supplemental Notice of Proposed Rulemaking on Hours-of-Service Records President Nominates New PHMSA Administrator New Corrected Version of REACH Available Mark Your Calendar for the 2008 NACD Washington Fly-In – April 8-9 There is Still Time to Register for MD and CA Cargo Tank Rollover Summits Responsible Distribution Process 2006 NACD Membership & Performance Data Report Available RDP Webinar, Internal Audits: December 18, 2007 Reduce Number and Cost of Supplier Audits Networking and Education Annual Meeting Program Directory available on Website! Attention Affiliates - Call for Papers! Register Now for the University of Industrial Distribution Chemical Education Foundation You Be The Chemist Activity Guides  - Now Available! Golf to Benefit Chemistry Education   Calendar of Events   Education and Training   Annual Meeting   OPSEM   BREAKING NEWS! - Final Appendix A List of Chemicals Published in the Federal Register Today   Today, the Department of Homeland Security (DHS) published the final Appendix A list of chemicals in the Federal Register. With the publication of this final Appendix A, all provisions of the Chemical Security Anti-Terrorism Standards (CFATS) are operative and in effect, and the deadline for submission of the Top Screen questionnaire is 60 calendar days from today. The revised Top Screen questionnaire should be posted on the DHS chemical security Web site at http://www.dhs.gov/chemicalsecurity by the time you receive this News Briefs issue. If you have begun or already completed your Top Screen based on the previous version of Appendix A, your data will automatically be transferred to the new Top Screen. If you need to make changes based on the final Appendix A, simply use your Chemical Security Assessment Tool (CSAT) user name and password to re-access the Top Screen. A comprehensive list of frequently asked questions will be posted on the DHS chemical security Web site shortly. This list will be regularly updated as the DHS chemical security help desk receives additional questions. If you have any questions about CFATS, the final Appendix A, Chemical-terrorism Vulnerability Information, or any other aspect of the chemical security rule, you can reach the DHS help desk at 703/235-5263. You can also contact NACD Vice President of Government & Public Affairs Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103. You may also want to share all of this information about CFATS and Appendix A with your customers who purchase COIs at or above the threshold quantities. DHS is relying on the chemical security Web site, the Federal Register, and trade associations such as NACD to get the word out about CFATS requirements. By making sure your customers are aware of this new regulation, you could save them future surprises or problems.       Back to Top   House Passes Bill to Patch AMT and Extend R&D Tax Credit – Offset Issue Causes Delays   On November 9, the House of Representatives approved H.R. 3996, the Temporary Tax Relief Act, by a vote of 216-193. The bill would “patch” the alternative minimum tax (AMT) problem for one year and extend the research and development (R&D) tax credit for another year, among other provisions. The R&D tax credit is currently scheduled to expire on December 31, 2007. Further action on this legislation is being delayed by a disagreement on whether it should contain tax increases/offsets to pay for the tax relief. H.R. 3996 includes provisions to tax the profits of private equity, hedge funds and other investment partnerships at 35 percent instead of the 15 percent capital gains rate as under current law, delay implementation of tax cuts for multinationals, and remove benefits that hedge fund managers enjoy by deferring compensation on offshore income. Senate Republicans are adamantly opposed to these provisions. The U.S. Treasury Secretary has expressed concerns about the slow pace of congressional action, stating that the Internal Revenue Service will not be able to complete preparations for the upcoming tax filing season, causing millions of filers to experience delays in having their returns processed and refunds paid.       Back to Top   FMCSA Publishes Notice of Enforcement Policy on HazMat Out-of-Service Rates   On November 7, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of enforcement policy stating that the agency may not issue a hazardous materials safety permit to a motor carrier that has a crash rate, driver, vehicle, or hazardous material out-of-service rate in the top 30 percent of the national average. The notice also states the FMCSA policy on calculating these rates and how carriers fall into the top 30 percent. The notice is a restatement of a policy that FMCSA published on January 3, 2005. For a copy of the notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 62795” into the top box and hit the search key.       Back to Top   FMCSA Withdraws Supplemental Notice of Proposed Rulemaking on Hours-of-Service Records   Last month, FMCSA withdrew a November 3, 2004 supplemental notice of proposed rulemaking (SNPRM) that proposed requirements for the collection and use of documents to verify the accuracy of driver records of duty status (RODS). The SNPRM addressed self-monitoring systems,  RODS, supporting documents for use in monitoring and enforcing the hours-of-service, and definitions for “supporting documents” and “employee.” In the withdrawal notice, FMCSA notes that commenters to the SNPRM believed that the proposal was vague and would require them to retain records they did not keep and to devote inordinate amounts of time to linking supporting documents to RODS. FMCSA further states that the agency’s Paperwork Reduction Act analysis did not account for supporting document collection and retention burdens associated with existing RODS information collection requirements. FMCSA finally states that it will publish a new notice of proposed rulemaking at a later date. For a copy of the notice, go to http://www.gpoaccess.gov/fr/index.html, type “page 60615” into the top box and hit the search key. In other hours-of-service news, FMCSA has yet to issue any notice on what the agency plans to do about the hours-of-service rules after the U.S. Court of Appeals for the District of Columbia Circuit vacated portions of the existing rules in July.       Back to Top   President Nominates New PHMSA Administrator   Earlier this month, the White House announced the nomination of Carl T. Johnson to be the new Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA). Most recently, Johnson served as president of the Compressed Gas Association. Prior to that, he served as special assistant to former Representative Amory Houghton (R-NY). The previous PHMSA Administrator, Thomas Barrett, left the post in August to become Deputy Secretary of Transportation. The Senate Commerce, Science, and Transportation Committee has not yet scheduled a nomination hearing for Johnson.       Back to Top   New Corrected Version of REACH Available   The European Commission has published a revised version of the REACH regulation. The new version includes technical corrections to errors that were made in translation and cross-referencing. You can find the corrected version at http://register.consilium.europa.eu/pdf/en/07/st07/st07211-re01.en07.pdf. As a reminder, a REACH resource area has been created on the NACD Web site at /advocacy/resources.aspx. In this area, you can find the presentation that Bart Seitz, Esq., of the law firm Baker Botts LLP, delivered during the October 22-23 NACD TSCA-REACH Workshop as well as numerous links to REACH Web sites. NACD will continue to post additional information about REACH on this page as developments occur.       Back to Top   Mark Your Calendar for the 2008 NACD Washington Fly-In – April 8-9   With the increased level of regulatory and legislative activity impacting the chemical distribution industry, we have our work cut out for us in preserving a workable business climate. You can help by participating in the 2008 NACD Washington Fly-In to be held April 8-9. The host hotel is the brand new Hotel Palomar in Arlington, VA, just down the street from the NACD office and convenient to the Washington Metro, Capitol Hill, federal agencies, and numerous excellent restaurants. It is not too early to make your hotel reservations at the group rate of $249 S/D by calling 1-866/505-1001 and referencing the NACD Washington Fly-In. Registration and additional information on the 2008 Fly-In program will be available over the next few weeks, and updates will be posted at /advocacy/washingtonFlyin.aspx. For additional information, contact Jennifer Gibson at jgibson@nacd.com or 703/527-6223, ext. 103.       Back to Top   There is Still Time to Register for MD and CA Cargo Tank Rollover Summits   There is still time to register for the second and third of a series of three Cargo Tank Rollover Summits that NACD is sponsoring with the National Tank Truck Carriers (NTTC) and several other trade associations at the request of the U.S. Department of Transportation (DOT). NACD members and Affiliates are encouraged to participate in these FREE summits, which will be held on November 28 from 9 a.m. – 3 p.m. in Baltimore, MD, at the new Westin BWI Airport Hotel, and on December 4 from 9 a.m. – 3 p.m. in Oakland, CA, at the Marriott City Center. DOT now considers tank truck rollovers and the release of hazardous materials in those rollovers as one of its top safety concerns, and this is a priority issue in PHMSA’s strategic plan. The Summits will provide an opportunity for tank truck carrier and equipment manufacturer personnel to educate attendees on current training and management approaches to reducing rollovers. The Summits will also give industry and government an opportunity to solicit new ideas for rollover prevention from attendees, as well as to determine what tools they would like to see developed to combat rollovers. To register, please send your name, company, address, phone number, fax number, and e-mail address to Jennifer Gibson at jgibson@nacd.com, by COB today,Tuesday, November 20 for the Baltimore Summit, or Friday, November 30 for the Oakland Summit. The first summit was held last Wednesday in St. Louis, MO. For additional information, see “What’s New” at www.nacd.com.       Back to Top     2006 NACD Membership & Performance Data Report Available   The results of the 2006 NACD Membership & Performance Data Questionnaire are in. For the second year in a row, 100 percent of NACD Regular members reported. The highlight of the results is that members’ performance in the area of OSHA reportable injuries was the best in the history of this project. Members reported a total of 586 injuries, the second lowest ever behind 577 in 2004. The 2006 number is actually better because 39 additional companies representing 343 additional facilities and 3,478 additional employees reported over 2004. Even better is that the number of OSHA reportable lost work days was by far the lowest ever at 5,017, and significantly lower than the previous best of 5,476 in 2004. In addition, members reported $19.3 billion in sales, 1,537 facilities, 21,319 employees, 167.6 million miles traveled, 5.6 million shipments, 50.7 billion pounds of product delivered, 106 reportable site incidents involving handling and storage, 106 reportable site incidents involving loading and unloading, 1 OSHA reportable fatality, 324 vehicular accidents, 34 injuries resulting from vehicular accidents, and 1 fatality resulting from a vehicular accident. The full report is posted on the NACD Web site at /dist_process/rdp_indices_members.aspx.       Back to Top   RDP Webinar, Internal Audits: December 18, 2007   A Webinar dedicated to the Code that perhaps causes the most questions, Internal Audits, will be presented by one of NACD’s third-party verifiers. Registration is limited so reserve your spot today at https://nacd.webex.com/nacd/onstage/g.php?d=713751519&t=a.       Back to Top   Reduce Number and Cost of Supplier Audits   Distributors: Do you experience multiple audits from your suppliers? Suppliers: Do you have to audit your distributors? If you answer “yes” to either of these questions, you could save time and money by inquiring about NACD's RDP Verification program. Eliminate multiple audits and multiple audit protocols. Visit /dist_process/srdpv.aspx for more information.       Back to Top   Annual Meeting Program Directory Available on Website!   Please note that the Annual Meeting Program Directory is now available for your reference prior to the meeting. /docs/events/annual_meeting/2007/pdf/programdirectory.pdf       Back to Top    Attention Affiliates - Call for Papers!   One great benefit available to Affiliates is the opportunity to submit a proposal for speaker topic ideas for education sessions at NACD meetings and/or articles in NACD publications. As an NACD Affiliate, your company has expertise and knowledge on many current trends and issues in the chemical distribution industry. Think about a speaker and/or topic your company can provide for purposes of educating NACD members. Ideas will be considered for the NACD Annual Meeting, OPSEM, Regional Meetings, the Washington Fly-In, and stand-alone educational sessions.  Topics will also be considered for articles for NACD publications such as the Chemical Distributor magazine. All submissions are due by January 11, 2008, and can be sent to kvanburen@nacd.com. Submissions should be for educational and informative purposes only. NACD will review all proposals and consider appropriate and applicable submissions based on the needs of our various meetings and publications. NACD cannot guarantee that ideas or submissions will be selected. For more information, please visit /events/development/.        Back to Top   2008 University of Industrial Distribution - Register Now!   Program Dates Sunday, March 2 through Wednesday, March 5, 2008 UID sold out quickly the past four years so register for the March program as soon as possible! Download the brochure and register on-line by visiting www.univid.org. 2008 marks the 15th year that University of Industrial Distribution (UID) has been serving the distribution industry. UID is a concentrated educational program focused on the unique needs of the industrial wholesale distribution industry. Known worldwide for excellence in education, UID is sponsored by the leading industrial distribution professional associations, in cooperation with the Industrial Distribution Program of Purdue University. Working together, these groups take great pride in providing a superior learning experience. For a conference brochure, travel information, or to register on-line, visit www.univid.org.        Back to Top You Be The Chemist Activity Guides  - Now Available!   The You Be The Chemist (YBTC) Activity Guides: Lesson Plans for Making Chemistry Fun (previously known as the YBTC kit) are now available for distribution. The Activity Guides are instructional aides designed to engage students in the science of chemistry and serve as great community outreach tools. Two booklets, one for grades K-4 and another for grades 5-8, will be available for purchase, separately ($12 and $15, respectively) or together ($20).  Each booklet has approximately 30 educator-reviewed lesson plans, in-depth activity sheets, project extensions and vocabulary lists. Also included is a Resource Guide that highlights important chemists, tips for non-chemistry educators to better teach the subject, and safety information. Animated chemists Newton and Kelvin are back again to help walk grade K-4 students through some of the basic chemistry concepts. New review game material will be included in the 5-8 grade kits to provide students with a fun, interactive review of chemistry concepts. For more information about the YBTC Activity Guides or to place your order, please visit  www.chemed.org, call CEF staff at 703/527-6223, or e-mail to comments@chemed.org.       Back to Top   Golf to Benefit Chemistry Education   Look for CEF at this year’s Golf Tournament at NACD’s Annual Meeting! On Tuesday, November 27 at the El Conquistador golf course in Las Croabas, Puerto Rico, CEF staff will be on hand to raise money in support of our programs and community outreach efforts! This year’s fundraisers include: Mulligans: $10 each or three for $25 You Be The Hot Shot – For a $10 donation you’ll win a sleeve of Titliest golf balls if you hit the green on your first attempt Hollywood Distributor Squares – For $10, pick an element on the Distributor Square board and you’ll be entered into a raffle for a chance to win cash prizes!  Hit the links and support chemistry education!         Back to Top