PMAA Seeks Additional Regulatory Relief From HOS and ELD Requirements
PMAA has asked the Federal Motor Carrier Safety Administration (FMCSA) to expand the existing 100 air-mile radius exemption from written log books under 49 CFR 395.1(e), in order to provide more flexibility in the driver hours of service regulations and to widen the existing exemption from electronic log book devices (ELD) for short haul drivers. Specifically, PMAA is asking the FMCSA to increase the existing 100 air-mile radius for exemption to 300 miles. The 100 air-mile exemption was established in the 1930’s before the construction of the interstate highway system and the advent of modern, high speed truck equipment. PMAA told the FMCSA that the increase in air miles travelled is justified since today’s drivers can easily travel 300 miles, go off duty within 12 hours and meet the required 10 consecutive hours necessary to qualify for the written log book exemption. Expanding the 100 air-mile radius would remove the single most costly regulatory burden requirement for small business petroleum marketers under the FMCSR by reducing the need for additional drivers and equipment. Since the short haul exemption under the new ELD requirement is tied to drivers using the 100 air-mile exemption under the HOS regulations, the change would increase the number of drivers that will be also be exempt from using ELDs. The change would be particularly helpful for rural drivers who must travel more than 100 air-miles to pick up supply.
PMAA also requested the FMCSA to interpret the ELD exemption to apply to drivers who stay within the maximum air-mile radius, return to their normal reporting location after 12 hours, and take the required 10 hours of consecutive rest regardless of whether they keep written log books. PMAA is asking for this interpretation because many short haul drivers, who would otherwise qualify for the air-mile radius exemption and thus the ELD exemption, often keep written log books anyway for enhanced compliance assurance, payroll purposes or simply to keep track of their on daily duty status. In other words, a driver should not be disqualified from either exemption for keeping a written log book for purposes other than to demonstrate compliance with the HOS requirements.
PMAA told the FMCSA that the two regulatory relief requests put forward by PMAA would save small business petroleum marketers in excess of $30 million dollars in compliance costs while adding efficiency to the downstream petroleum supply distribution chain.
Sign Up for a Live Webinar on Hours of Service with FMCSA
Attend a live Hours of Service (HOS) Question and Answer session with Federal Motor Carrier Safety Administration’s (FMCSA) subject matter expert Tom Yager, Chief of the Driver and Carrier Operations Division, and Peter Chandler, Lead Transportation Specialist in the Federal Motor Carrier Safety Administration Passenger Carrier Division.
The Hours of Service regulations address the number of hours that a commercial motor vehicle (CMV) driver may be on the road and the number of hours a CMV driver may be on duty before a required period of rest. In addition, the regulations address permitted driving time based upon a driver’s on-duty hours in a “work week.”
The hour-long session will allow participants the opportunity to submit HOS related questions and have them answered by FMCSA’s HOS Subject Matter Experts. Participants may email their questions in advance of the live question and answer session to NTCHost@dot.gov or submit their questions during the session.
Registration Details
There are two different participation options for each session. Choose the option that works best for you and register to receive the participation information.
Thursday, October 19, 11:00 AM – 12:00 PM EST
Online Webinar: To register in Adobe Connect, please click here.
Conference Line: To register in Adobe Connect, please click here.
Tuesday, October 24, 3:00 PM – 4:00 PM EST
Online Webinar: To register in Adobe Connect, please click here.
Conference Line: To register in Adobe Connect, please click here.
Closed Captioning provided.
To visit the FMCSA Hours of service site, please click here.
Coalition Urges the President to Move the Point of Obligation
This week, a coalition of eleven free-market and center-right organizations sent a letter to President Trump requesting a revamp of the Renewable Fuel Standard (RFS) by moving its point of obligation. Specifically, the letter states that “Major oil companies operating large chains of gas stations and large gas station retailers can blend their gasoline at a significant per-gallon price advantage over smaller, independent retailers. The smaller retailers who sell gasoline, but are unable to blend their own, purchase it at higher prices from the larger oil companies. Mid-size and independent refiners are required to purchase RINs to comply with the RFS from blenders or larger integrated oil companies. RFS plainly favors the large corporate sellers of gasoline over the smaller independent gas stations and smaller refineries. Moving the “point of obligation” would level the playing field between large oil companies and independent refiners as well as reduce the unfair advantage that the mandate gives large gas station chains over small mom-and-pop gas stations.”
Furthermore, “As the price advantage for larger sellers of gas allows them to undercut the smaller retailers on price, more of the latter are going out of business, leaving consumers fewer choices of where to buy their gasoline. It is inevitable that fewer options will lead to higher prices. By forcing smaller retailers out of business, the RFS is not only unfair to the independent retailers, but it also a silent job killer that threatens thousands of American jobs.”
Also, on the Hill, Pennsylvania Senators Casey (D) and Toomey (R), as well as 12 House members, urged President Trump to fix the RIN credit program because of the high compliance costs which may lead to refinery closures, jobs losses and increased fuel costs.
Trump Signs Executive Order to Reduce Obamacare Burden on Small Businesses
Over the past forty-eight hours, the Trump Administration has taken two big actions on health care. First, on Thursday morning, the President issued an Executive Order directing the Secretaries of Labor, Treasury and Health and Human Services to “consider proposing regulations or revising guidance” to buck certain Obama-era regulations and expand the use and availability of association health plans, short-term limited-duration insurance and health reimbursement arrangements (HRAs). Then, yesterday evening, the Administration carried through on a threat it has been making for a number of months and announced that it will stop making the cost-sharing payments to health insurers that goes towards helping to pay the premiums for lower-income individuals enrolled in the Affordable Care Act (ACA) marketplaces.
PMAA will have more information later in the month.
Legislation to Reverse Joint Employer Ruling Gains More Sponsors
This week, nine more House Republicans signed onto H.R. 3441 to limit the extent to which businesses can be held liable for labor violations committed by their franchisees or contractors. This would reverse the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision by narrowing the circumstances under which businesses can be classified a joint employer. Under Browning-Ferris, companies that exert only "indirect" control over franchisees may still be joint employers. The bill would revert to a standard of "direct" control.
The newest sponsors of the “Save Local Business Act” are Reps. Zeldin (NY); Woodall (Ga); McMorris Rodgers and Herrera Beutler of Washington state; Love (Utah); Latta (Ohio); Holding (NC); Comer (KY); and Banks of Indiana. H.R. 3441 was approved by the House Education and the Workforce Committee last week by a vote of 23-17 and is now awaiting Floor consideration.
In June, Labor Secretary Alexander Acosta announced that the Department of Labor (DOL) was withdrawing the Obama Administration’s informal guidance on joint employment. The DOL’s Wage and Hour Division issued the "administrator's interpretation" less than six months after the NLRB issued the controversial ruling in the Browning-Ferris Industries case that broadened a business’s potential liability for the labor practices of third-party business partners. The Wage and Hour Division’s January 2016 interpretation attempted to expand the concept of joint employer liability under federal wage and hour laws as well.
PMAA applauds Congress for moving forward to change the actual ruling and we applaud Secretary Acosta for withdrawing the guidance.
Justice Department Fighting for Keystone XL Pipeline
In March, the Trump Administration approved the Keystone XL Pipeline which finally allows construction of the pipeline to move forward. The 1,200-mile pipeline would ship crude oil from Canada to refineries along the Gulf Coast. This week, it was announced that the Justice Department is attempting to stop a lawsuit that would block the Keystone XL oil pipeline project, with government attorneys saying a federal judge has no authority to second-guess a presidential permit.
PMAA strongly supported development of the KXL Pipeline which has already had more than eight years of debate and multiple environmental impact studies that have shown the pipeline would have no effect on climate change. Even former Obama Administration EPA Chief Gina McCarthy said that the pipeline, if approved, would not be a disaster for the climate as some environmentalists have argued.
Deadline for Dakota Access Pipeline Environmental Review Pushed Back
A few months ago, the Dakota Access Pipeline began service which is bringing crude oil through the Midwest and into the U.S. Gulf Coast. The Dakota Access Pipeline is a 1,172-mile project stretching from North Dakota to Illinois with a daily capacity of 570,000 barrels of oil.
However, in June, a federal judge in Washington, D.C. ordered the Trump Administration to conduct further environmental reviews of the Dakota Access Pipeline but stopped short of halting oil-pumping operations pending further hearings beginning June 21. The decision was a limited victory to Native American tribes in North Dakota that challenged the administration’s effort to speed the project. The court found that while the Army Corps of Engineers “substantially complied” with federal environmental laws, “it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial.”
However, last week, federal lawyers said that the government’s court-ordered environmental review of the Dakota Access pipeline will be complete by next spring, not this year, as previously expected. In a court filing, the Army Corps of Engineers said it was pushing back its review schedule while it waits for new oil spill modeling from the developers of Dakota Access. The lawyers stated that “Given the current expected time frame for the receipt of additional information, the Corps now anticipates that its review and analysis of the remand issues will not conclude until approximately April 2, 2018. The Corps is actively working on ways to shorten this timeline.”
PMAA Corporate Platinum Partner Spotlight Featuring: Renewable Energy Group, Inc.
How Biodiesel Was the Game-Changer for Sapp Bros., Inc.
When margins are measured in pennies, every fuel decision can dramatically impact the bottom line. So, are your members leaving money on the table?
This month, we’d like you to meet fuel wholesaler and retailer Sapp Bros., Inc. The company has a fuel wholesale business and 17 travel centers stretching from Salt Lake City to Pennsylvania — most of them along the very competitive Interstate 80 corridor.
With the state of Illinois sales tax exemption on blends of B11 and above, Sapp Bros. is often able to offer B11 at a lower price than No. 2 ULSD at its Illinois location. The result? New customers are flocking to the pump.
Read this case study about the fuel marketer's experience adding biodiesel to its fuel lineup, including:
- The substantial economic benefits
- Infrastructure conversion
- Cold-weather performance of the fuel
- Blending tips
- What customers are saying about their fuel mileage
For additional information about Renewable Energy Group, Inc., please visit or contact Jon Scharingson. Renewable Energy Group is a PMAA Corporate Platinum Partner.
PMAA Corporate Bronze Partner Spotlight Introducing: TOP TIER™ Gasoline and Diesel Fuel
The Officers, Executive Committee, and PMAA staff are pleased to welcome PMAA’s new Bronze Corporate Partner: TOP TIER™ Detergent Gasoline and TOP TIER™ Diesel Fuel are premier fuel standards sponsored by automakers and diesel engine manufacturers. Fuel retailers of any size can voluntarily enroll in the programs and promote the benefits of TOP TIER™ fuel.
The gasoline program started in 2004 after vehicle owners experienced issues related to build-up in the engine because of reduced gasoline detergent levels. The nine manufacturers sponsoring the gasoline program are Audi, BMW, Fiat Chrysler Automobiles, Ford, General Motors, Honda, Mercedes-Benz, Toyota and Volkswagen.
The launching of the diesel program in 2017 is based on the need for improved lubricity and fuel stability, while safeguarding against water and particulate in the fuel. Diesel fuel enrolled in the program must also include detergents to prevent fuel injector deposits.
The program is administered by the Center for Quality Assurance in Midland, Michigan. To learn more about Top Tier™, please contact the programs at TopTier@CenterForQA.com, and find more information at www.TopTierGas.com. Through our corporate partnership, we look forward to dialogue with PMAA and its members!
Purchase Tickets for a Chance to Own a Tom Brady New England Patriots Collage
Purchase your PMAA Small Business Committee (SBC) PAC raffle tickets now for an opportunity to win your own Tom Brady New England Patriots Collage.
Tom Brady is an American football quarterback for the New England Patriots of the National Football League (NFL). He is one of only two players to win five Super Bowls and the only player to win them all playing for one team. Each piece comes designed with photographs, season schedule, a team logo, and a piece of game-used football, all framed in black wood. The product is officially licensed by the National Football League. This collectible is a limited edition of 1,000.
The PMAA SBC PAC will hold the raffle during the Fall Meeting in Chicago October 16-17 and the raffle winner will be identified during the Board Meeting on October 17. The winner does not have to be present to win. If you are not attending the conference, you will be notified the week following the October drawing if you are the fortunate owner of the Tom Brady New England Patriots Collage.
The proceeds of the raffle will benefit the PMAA SBC PAC. The money distributed to the PAC is used to benefit federal legislators who support the industry and have a solid record on key industry legislative issues. Tickets are $25 each or five for $100. Ticket sales will continue at PMAA’s Fall Meeting in Chicago until the drawing on October 17. Tickets must be paid for with personal funds by MasterCard, VISA, American Express, cash or check (checks should be made out to the PMAA Small Business Committee).
Federated Insurance Sponsored Webinar on October 17 AT 1:00pm CT
Where There’s Smoke, There’s Fire – Fire Prevention
It Will Never Happen to Me! This is a common thought and misconception of many businesses today as it pertains to their individual fire risk. Unfortunately, they don't realize until after the fact, that simple prevention strategies could prevent most fires that occur today. Fire Prevention will focus on steps a business should take, every day, to help prevent disastrous fire losses. We will discuss steps a business can take to ensure expedited recovery and the ability to resume servicing customers as quickly as possible.
Key Discussion Points will include:
- Analyze the main cause of fire among all industries
- Address these fire risks through consistent risk management
- Prepare for fire or other disasters to get your business back up and running
Advance Registration is required.
For additional information or to discuss this in further detail, please contact your Federated regional representative or PMAA’s National Account Executive Jerry Leemkuil at 800.533.0472. Federated is a PMAA Corporate Platinum Partner.
MDF Raffle Items - Amazon Echo & An Echo Dot
Get your PMAA Marketer Defense Fund (MDF) raffle tickets now for a chance to win a Amazon Echo and Echo Dot!
The PMAA Marketer Defense Fund (MDF) will hold a raffle during the Fall Meeting in Chicago October 16-17 conference and the raffle winner will be identified during the conference on October 17. The winner does not have to be present to win. If you are not attending the conference, you will be notified the week following the October drawing if you are the fortunate owner of the Amazon Echo and Echo Dot.
The proceeds of the raffle will benefit the PMAA MDF. PMAA established the Marketer Defense Fund, sometimes referred as the 535 Fund or MDF, as a method to obtain corporate donations for priority projects. The MDF Program is different from PMAA’s Small Business Committee PAC and is designed to supplement PMAA’s lobbying budget to cover priority projects, i.e., some aspects of a political event or for public relations campaigns related to a legislative initiative. For example, part of the monies collected for the MDF have been used for research projects to defeat regulatory initiatives such as efforts to mandate a 10 micron diesel filter, wetlines retrofit, as well as automatic temperature compensation (ATC) at retail. The MDF has saved marketers approximately $1.3 billion which equals $162,500 per marketer. Additionally, the MDF has been used on:
- A diesel fuel corrosion study
- Hiring outside consultants to represent PMAA at several regulatory agencies
- Paying for PMAA marketer travel for important underground storage tank (UST) meetings
- Splash blending litigation
- Interchange fee coalition activities
- Supporting local charity events.
A marketer can make corporate contributions by check or credit card to this program and there is no limit on the amount of contribution. All the money is used to support PMAA lobbying goals. You can donate non-raffle related donations online by clicking here.
Tickets are $25 each or five for $100. Ticket sales will continue at PMAA’s Fall Meeting in Chicago until the drawing on October 17. Tickets can be purchased with personal or corporate funds by MasterCard, VISA, American Express, cash or check (checks should be made out to the PMAA Marketer Defense Fund).
Federated Insurance Employment Practices Network HR Question of the Month
Federated Insurance’s HR Question of the Month focuses on employment-related practices liability issues. Last month’s question relates to if an employee can be terminated for indefinite leave. It is very detailed in the article. Please click here to read the long and detailed response.
For additional information or to discuss this in further detail, please contact your Federated regional representative or PMAA’s National Account Executive Jerry Leemkuil at 800.533.0472. Federated is a PMAA Corporate Platinum Partner. |
