NACD News - Table of Contents
Legislative and Regulatory Updates
Responsible Distribution
Networking and Education
Other Items of Interest
Legislative Update – NACD’s 2011 Congressional Outlook and Issues Available
NACD has published Outlook & Issues for 2011, a new brochure that outlines the major legislative issues facing chemical distributors in the next Congress. Although the 112th Congress will be different from the current one with the Republicans in control of the House of Representatives, the issues of chemical security, Toxic Substances Control Act reform, and hazardous materials transportation will still be on the table. In addition, the Environmental Protection Agency, the Occupational Safety and Health Administration, and other agencies will continue to be extremely active on the regulatory front. To read about these issues and the steps you can take to protect your company from legislative and regulatory threats in 2011, click here.
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Legislative Update – R&D Tax Credit Restored as Congress Wraps Up Work; CFATS Extension Expected
The tax package signed into law last week included a long-awaited restoration of the research and development tax credit. The credit is retroactive to December 31, 2009 and will be in effect through December 31, 2011. In the expensing area, for investments placed in service after September 8, 2010 and through December 31, 2011, the bill provides for 100 percent bonus depreciation. For investments placed in service after December 31, 2011 and through December 31, 2012, the bill provides for 50 percent bonus depreciation. For more details on the tax package, go to http://finance.senate.gov/legislation/details/?id=10874ed6-5056-a032-52cd-99708697eff0.
As one of the last actions expected before finally adjourning the 111th Congress, both the House and Senate are set to pass a continuing resolution (CR) to fund the federal government through March 4, 2010. Included in this legislation is a provision to extend the authority of the Department of Homeland Security to regulate chemical facilities in the area of security through that date. This means that the Chemical Facility Anti-Terrorism Standards program will continue as is with no additional inherently safer technology (IST) requirements.
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Regulatory Update – NACD and Others File Petition for Rulemaking on Special Permit Safety Fitness Determinations
Last week, NACD and several other organizations filed a Petition for Rulemaking with the Pipeline and Hazardous Materials Safety Administration (PHMSA) to subject DOT Special Permit and Approval Standard Operating Procedures to regular notice and comment. As part of PHMSA’s new procedures for DOT Special Permits and Approvals, an applicant seeking to obtain a Special Permit or Approval or to renew or become a party to an existing one must receive a Safety Fitness Determination from PHMSA. Under PHSMA’s current Standard Operating Procedures for Special Permits and Approvals, there is no clear set of criteria for the agency to use to make these fitness determinations. In the Petition for Rulemaking, NACD and the other groups request that PHMSA publish such criteria in the Federal Register and subject it to formal notice and comment before making it part of the Hazardous Materials Regulations. Under such a system, all applicants and regulators would have clear expectations. For a copy of the Petition, go to www.nacd.com/advocacy/comments.aspx. For more information on DOT’s Special Permits and Approvals programs, go to http://phmsa.dot.gov/hazmat/regs/sp-a.
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Regulatory Update – FMCSA Officially Rolls Out New CSA; Motion to Stay Denied
Last week, the Federal Motor Carrier Safety Administration (FMCSA) officially launched the new Compliance, Safety, Accountability program (formerly CSA2010). The centerpiece of CSA is the Safety Measurement System (SMS), which will analyze all safety-based violations from inspections and crash data to determine a commercial motor carrier’s on-road performance. The new safety program will allow FMCSA to reach more carriers earlier and deploy a range of corrective interventions to address a carrier’s specific safety problems. The SMS uses seven safety improvement categories called BASICs to examine a carrier’s on-road performance and potential crash risk. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. According to FMCSA, by looking at a carrier’s safety violations in each SMS category, the agency and state law enforcement will be better equipped to identify carriers with patterns of high-risk behaviors and apply interventions that provide carriers the information necessary to change unsafe practices early. Safety interventions include early warning letters, targeted roadside inspections and focused compliance reviews that concentrate enforcement resources on specific issues identified by the SMS. FMCSA will continue to conduct onsite comprehensive compliance reviews for carriers with safety issues across multiple BASICs. Where a carrier has not taken the appropriate corrective action, FMCSA will invoke strong civil penalties. For more information, go to http://csa.fmcsa.dot.gov/default.aspx.
In the last News Briefs issue, we reported that several organizations had filed a motion with the United States Court of Appeals for the District of Columbia Circuit for an emergency stay of CSA, including the public release of Behavior Analysis and Safety Improvement Categories (BASIC) ratings for individual motor carriers. Early last week, the Court denied the motion, allowing CSA to take effect.
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Regulatory Update – New Hours-of-Service Web Site Available; Proposal Expected by Year’s End
The American Trucking Association has launched a new Web site – www.SafeDriverHours.com – to provide tools and resources for the trucking and transportation industries, including drivers, carriers, and shippers, to help them actively engage in the upcoming hours-of-service (HOS) rulemaking process. The site is also designed to educate the press and the public on the remarkable highway safety performance of the trucking industry over the last seven years – the same period the industry has operated under the current HOS rules. The site includes safety facts and statistics, much of it in easy to read charts and graphs, showing the industry’s dramatic safety improvement since 2004 when the current version of the HOS rules first became effective.
The Office of Management and Budget has completed its review of the Federal Motor Carrier Safety Administration’s (FMCSA) new HOS proposed rule, and FMCSA is expected to publish this in the Federal Register before year’s end, just in time for the holidays. Under the existing court order, FMCSA is required to publish a final rule by July 2011. NACD will file comments and work with the Hours-of-Service Coalition to urge the agency to make minimal changes to the current HOS rules, particularly given the industry’s strong safety record.
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Regulatory Update – FMCSA Publishes Proposal to Ban Commercial Driver Cell Phone Use
Today, the Federal Motor Carrier Safety Administration (FMCSA) published a proposed rule in the Federal Register to prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating commercial motor vehicles (CMV). Specifically, the rule would prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use. Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of $11,000.
DOT research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps. In particular, commercial drivers reaching for an object, such as a cell phone, while driving are three times more likely to be involved in a crash or other safety-critical event. Drivers dialing a hand-held cell phone while driving increase their risk by six times. In September, FMCSA issued a regulation banning text messaging while operating a commercial motor vehicle.
For a copy of the proposed rule banning cell phone use, go to http://edocket.access.gpo.gov/2010/pdf/2010-31736.pdf. Comments are due to FMCSA by February 22, 2011.
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Regulatory Update – DEA Adds New Substance to Schedule I of Controlled Substances Act
Yesterday, the Drug Enforcement Administration (DEA) published a final rule in the Federal Register to place 5-Methoxy-N,N-Dimethyltryptamine (5-MeO-DMT) into schedule I of the Controlled Substances Act (CSA). The action becomes effective on January 19, 2011 and imposes the criminal sanctions and regulatory controls of schedule I substances on the manufacture, distribution, dispensing, importation, exportation, and possession of the substance. DEA states that 5-MeO-DMT is related to the schedule I hallucinogens N,N-dimethyltryptamine (DMT), 2,5-dimethoxy-4-methylamphetamine (DOM), lysergic acid diethylamide (LSD), and mescaline in its pharmacological properties and hallucinogenic effects. Under the new requirement, any person who manufactures, distributes, dispenses, imports or exports 5-MeO-DMT or who engages in research or conducts instructional activities with respect to 5-MeO-DMT, or who proposes to engage in such activities, must submit an application for schedule I registration. Any person who is currently engaged in any of the above activities and is not registered with DEA must submit an application for registration on or before January 19, 2011 and may continue their activities until DEA has approved or denied that application. For a copy of the final rule, go to http://edocket.access.gpo.gov/2010/pdf/2010-31854.pdf.
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Regulatory Update – OSHA Extends Comment Period on Noise Proposal
On December 14, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register announcing a 90-day extension of the comment period on its proposal to revise noise protection standards. The noise proposal, published on October 19, would require employers to use administrative and engineering controls rather than personal protective equipment (PPE) to reduce noise exposures. This new interpretation specifically addresses the term feasible administrative or engineering controls as used in the applicable sections of OSHA's General Industry and Construction Occupational Noise Exposure standards. OSHA is proposing to clarify that feasible as used in the standard has its ordinary meaning of “capable of being done.” Industry has raised numerous concerns about this proposal. OSHA will now accept comments on the proposed interpretation until March 21, 2011.
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State Regulatory Update – Massachusetts Council Votes to Ban BPA
Last week, the Massachusetts Public Health Council, at the request of Governor Deval Patrick (D), voted to ban the production or sale of reusable food and beverage containers that contain bisphenol A (BPA) and are intended for use by babies and toddlers. The Council approved the ban as an amendment to the state’s hazardous substances regulation. It will apply to containers manufactured on or after January 1, 2011, or sold at retail on or after July 1, 2011. Some public interest groups criticized the measure, claiming that the ban should also cover baby food packaging and all reusable food and beverage containers. Massachusetts becomes the eighth state to adopt rules prohibiting the use of BPA to some extent.
The European Commission also recently approved a measure to ban BPA from baby bottles. under the measure, European Union countries will be required to prohibit the use of BPA in baby bottles after March 1, 2011, and sales of such bottles will be banned as of June 1, 2011.
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Recorded Webinar: Internal Audits 101
Simply go to the NACD Website, click on "Responsible Distribution", then "Resources" and scroll down to the "Webinars" section, or simply click on the Internal Audits 101 link.
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2010 Annual Meeting Photos and Presentations Available
For your convenience, the speaker presentations are posted on the Annual Meeting Website for you to print or share with your employees. Feel free to download them and pass them to your management team.
In addition to the presentations online, the photos are also available for viewing and purchase at the Kodak Gallery. Click here to view the week’s events.
Mark your calendars now and make sure others you know are aware of our earlier timing next year for the 2011 Annual Meeting, November 7 - 11 2011 in Bonita Springs, FL.
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40-hour HAZMAT class through IAAI, special discount for NACD members
This course will address the training requirements of applicable Occupational Safety and Health Administration (OSHA) regulations and National Fire Protection Association (NFPA) standards at the Hazardous Materials Technician Level. The goal of the course is to allow for the student to safely and effectively respond to Chemical Emergencies and meet the requirements of NFPA 472 Standard for Hazmat Awareness, Operations and Technician Level, as well as meet the OSHA HAZWOPER requirements outlined in 29 CFR 1910.120.
Students successfully completing this course will receive a certificate from the ProBoard certifying that he/she is HAZWOPER compliant.
INSTRUCTORS:
The program is instructed by personnel from DuPont Emergency Response Solutions, and the Institute of Forensic Investigation (IFI), utilizing the Delaware State Fire School (DSFS) curriculum. Instructors include:
Thomas Keefer, DuPont Emergency Response Team Leader
Barry Lindley, DuPont Senior Emergency Response Specialist
Michael Lacy, DuPont Safety, Fire Protection and Emergency Response Specialist
Russ Melton, Senior Partner, Meagher and Geer; Institute of Forensic Investigation
Costs
NACD members who wish to attend will receive a special rate of $1550 (unless you are an IAAI member, then you would get the IAAI price)
REGISTER today at http://www.firearson.com
Course Dates and Locations:
January 10-14, 2011, New Orleans
ATF 17th floor training room
1 Galleria Blvd. Suite 1700
Metairie, LA. 70001
February 7-11, 2011, San Diego Day Hotel**
Hotel Circle, Sea World
543 Hotel Circle, South
San Diego, CA 92108
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NACD News Brief: New and Improved for 2011
NACD has partnered with MultiBriefs, the leading publisher of news briefs for the association world, to provide an enhanced member resource. Expect to start seeing the newly updated publication in your inbox every Tuesday, beginning January 4th!
If you currently receive the NACD News Brief, you will continue to receive it. Please be sure to add: nacd@multibriefs.com to your safe list to avoid the NACD News Brief being recognized as spam. If you are a Member or Affiliate and you are not signed up for the NACD News Brief, just click here and enter your e-mail address to start receiving it today!
If you have any questions about subscribing to the NACD Newsbrief or have any questions about advertising in it, please contact Matt Glaser at mglaser@nacd.com or 571-482-3043.
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Responsible Distribution Flag Promotion Ends Soon!
At the NACD Annual Meeting, we unveiled the new Responsible Distribution Verified flag. Fly this flag high and proud at all your facilities! NACD is subsidizing much of the cost of these flags. They are available for only $50 until December 31st. After December 31st, the price will be approximately $200 per flag. If you are Responsible Distribution Verified don’t miss out on this one-time promotion!
Also available are Responsible Distribution Verified patches. Whether you put them on work shirts or jackets, it is a great way to communicate to your customers (and your employees) that you are a Responsible Distributor. Prices for the patches start at only $4.
Click here to download the order form.
If you have any branding questions, please direct them to Matt Glaser at mglaser@nacd.com or 703-527-6223 x3043.
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