| Breaking News…FMCSA Expands Multi-State Hours of Service Waiver in Response to Hurricane Laura
Last night, the Federal Motor Carrier Safety Administration (FMCSA) added Arkansas, Missouri, Oklahoma and Tennessee to the list of states (Alabama, Louisiana, Mississippi and Texas) who were granted an Hours of Service (HOS) waiver in response to Hurricane Laura through September 23, 2020.
Click here to read the notice. The waiver applies to all CDL drivers nationwide who deliver designated emergency supplies including fuel into the emergency areas covered by the declaration. FMCSA Regulations Exempted: Parts 390 through 399 of FMCSA regulations as limited by the waiver.
PMAA will continue to work closely with the FMCSA and other federal agencies to ensure regulatory waivers important to petroleum marketers are in place throughout the duration of the storm related emergency.
Urge Congress to Include Reasonable Liability Protections in Next COVID-19 Relief Package
PMAA urges you to reach out to Senators in support of important legislation to expand liability protections for businesses amid the COVID-19 pandemic known as the “Safe to Work Act” (S. 4317). The bill is retroactive to December 2019 and provides reasonable liability protection against COVID-19 lawsuits through October 2024 for businesses who have made good faith efforts to comply with government guidance. The legislation does not protect bad actors in cases where there is willful misconduct or gross negligence to the safety of an individual. The legislation provides preemption from state laws unless state laws provide greater liability protection. Click here for the full summary.
It is important for everyone to reach out to their lawmakers in support of the bill. Click here to do so.
CDC Says Not to Argue with Anti-Mask Customers
The Centers for Disease Control (CDC) recently issued updated guidance recommending certain practices for businesses during the COVID-19 pandemic. According to the guidance, the agency recommends that retail workers should not “argue with a customer if they make threats or become violent,” in reference to “anti-mask” customers. Furthermore, the agency says that employees should not "attempt to force anyone who appears upset or violent to follow COVID-19 prevention policies or other policies or practices related to COVID-19." The guidance adds that should employees be confronted with threats or violence; they should remove themselves and find a safe area.
Click here to view the updated guidance for businesses.
Senate Democrats Issue New Climate Vision
This week, the Senate Democrat’s Climate Committee released a report detailing what they plan to focus on regarding climate policies if the party were to win back the chamber from Republicans in November. Notably, the report avoids using the term, the “Green New Deal,” but there are some similarities regarding climate policies between the two. Click here for the story.
EPA Still Undecided on Refinery Exemptions
The EPA has yet to decide on renewable fuel blending requirements for 2021 or on petitions from refiners asking to be exempted from past-year requirements going back to 2011, EPA Administrator Andrew Wheeler said on Wednesday. Wheeler could not assure that the agency will decide the 2021 Renewable Volume Obligations (RVO) by the November 30 deadline due to the impact of the COVID-19 pandemic. Under U.S. law, refiners are required to blend billions of gallons of biofuels into their fuel mix or buy credits from those that do. Click here for the story.
Retail Groups Urge FDA to Publish List on Electronic Nicotine Delivery System Products
On Tuesday, PMAA joined four other groups in urging the Food and Drug Administration (FDA) to publish a public list of currently marketed electronic nicotine delivery system (ENDS) products for which the Agency has received a premarket tobacco product application (PMTA) by the September 9, 2020 deadline.
By law, ENDS products that were first introduced into the marketplace or modified after February 15, 2007, also known as the predicate date, are required to submit PMTA’s for the FDA to review and approve by the September 9, 2020 deadline. PMTA’s require a product to meet a regulatory hurdle that can be complex and costly. By the FDA providing a public list of ENDS products that meet the proper requirements, retailers of these products will be informed as to which they can sell legally in their stores.
Joining PMAA were the National Association of Convenience Stores (NACS), the National Association of Truckstop Operators (NATSO), the Society of Independent Gasoline Marketers of America (SIGMA) and the Food Industry Association (FMI). Click here to view the letter.
Port Conditions Terminology Reminder
Port conditions are referenced often during disasters, here is a refresher on the terms for your reference. Port conditions are used to alert the maritime community to changes in port operations needed to prepare for the hurricane’s arrival.
| Approximate Time |
Port Condition |
| Jun 1 – Nov 30 |
Seasonal Alert |
| 72 Hrs. |
Whiskey |
| 48 Hrs. |
X=Ray |
| 24 Hrs. |
Yankee |
| 12 Hrs. |
Zulu |
| After Landfall |
Recovery |
PORT CONDITION WHISKEY: Gale force winds (34 knots or 39 mph) are predicted to arrive within 72 hours. Ports Status: Open to all commercial and recreational traffic.
PORT CONDITION X-RAY: Gale force winds are predicted to arrive within 48 hours. Port Status: Open to all commercial and recreational traffic.
PORT CONDITION YANKEE: Gale force winds are predicted to arrive within 24 hours. Ports status: Closed to inbound traffic and vessel traffic control measures in effect on vessel movements within the port.
PORT CONDITION ZULU: Gale force winds are predicted to arrive within 12 hours. Ports Status: Closed to all inbound and outbound traffic.
PORT CONDITION RECOVERY: The storm is no longer a threat to the area; however, some damage may have occurred, and response and recovery operations are in progress. Ports status: Reopened to outbound traffic at completion of port survey. Vessel traffic control measures remain in effect on vessel movements within the port.
PMAA Member Services Spotlight Featuring: Airgas through National Purchasing Partners
Airgas & PPE Savings
 Creating a safe workplace for employees and customers is the new norm. Our members can save money AND reduce the amount of time it takes to secure PPE products through Airgas and National Purchasing Partners (NPP).
Items on contract through Airgas and NPP include disinfectants, hand sanitizer, facility signage, hand washing stations, mobile partitions, face protection, gloves and more. Airgas and NPP can help ensure you manage risk and comply with regulatory requirements. You’ll find a list of Airgas PPE items and prices here.
Airgas also offers “Back to Work Protection Packs” containing nitrile exam gloves, face masks, surface wipes, hand sanitizer and, in the 5-day kit, a disposable thermometer.
Please contact Meeko Garcia for assistance or enroll your company with NPP here.
NPP is a member benefit provider of PMAA. NPP membership is free and there is no obligation to purchase.
Restrictions may apply.
Federated Insurance: Risk Management Corner
Protect Your Equipment and Your Business from Power Surges
You don’t often think about electricity until there’s a problem, but you need it for even the most basic functions of your business. The reason most of us are able to take electricity for granted is because it often does its job without causing damage. But what happens when it doesn’t? Your business halts, your productivity crashes, and your profits start to sink. While the continuity of power at your facility is dependent on a number of factors outside your control — weather and infrastructure strength among them — you can help avoid costly damage to your equipment by installing the proper safeguards in your electrical system.
To learn more about zones of protection and surge protection devices, please click here. For additional information or to discuss further, please contact your Federated regional representative or PMAA’s National Account Executive Jon Medo at 800.533.0472. Federated is a PMAA Corporate Platinum Partner.
This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2020 Federated Mutual Insurance Company.
PMAA Corporate Platinum Partner Spotlight Featuring: Renewable Energy Group, Inc.
Strategies for a Successful Summer
All things considered, it’s hard to say whether the 2019-2020 heating season was “slow” or not. Sure, low heating degree day totals slowed demand for heating oil. Anecdotally, we’ve heard that demand for equipment service was down overall as well. But then there was COVID-19. While oil prices hit all-time lows, heating fuel dealers found themselves on the front lines of a national crisis, delivering essential products and services to first-responders and locked-down homeowners during an April cold front — not exactly what you’d call “slow season” activity.
After a winter and spring like that, everyone could use a break. Not surprisingly, many heating fuel dealers are using the summer months to take stock of their company’s performance. While some are tightening their belts in response to the current economic situation, others are seeking out expansion and diversification opportunities. Biodiesel and blended Bioheat® fuel can help dealers differentiate their product in a competitive marketplace, build a sustainable future for their business and provide inroads to valuable municipal contracts. But all of this requires a plan. With that in mind, please click here for the full article including some points to consider while strategizing this summer.
For additional information about Renewable Energy Group, Inc., please visit or contact Steve Klein.Renewable Energy Group is a PMAA Corporate Platinum Partner.
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