May 2, 2014 Visit us online at www.wpma.com
DOE EXPECTED TO ANNOUNCE DEVELOPMENT OF GASOLINE STORAGE RESERVES
The New York Times is reporting that today DOE Secretary Ernitz Monitz is expected to announce the development of regional gasoline storage reserves in areas vulnerable to extreme weather and fuel shortages.
The first will be built in the New York Harbor area and in New England in response to the supply shortages suffered after Hurricane Sandy. Senator Chuck Schumer (D-NY) requested the reserves following the shortages where some gas stations were without fuel for as long as 30 days.
The new reserves totaling one million barrels will only be used in response to disaster and extreme shortage supplies.
DOE reported last year that the Nation's supply was vulnerable to increasingly severe events that are only to become more frequent.
SENATE CONSIDERS MINIMUM WAGE BILL
On Wednesday, the Senate failed to garner the necessary 60 votes to override a filibuster over a bill, S. 460, which would raise the federal minimum wage from $7.25 to $10.10. No Republicans supported the bill arguing that it would hurt job creation. Several Democrats were also concerned that the bill would curtail job growth in an economy still recovering from the recession. Even though the measure failed, Senate Majority Leader Harry Reid (D-NV) will likely have the Senate consider the bill again as Democrats are using the debate as an election year tactic to highlight income inequality.
PMAA opposes the measure. While industry employees often exceed state or federal minimums, every increase in the minimum wage destroys opportunities for entry level employees to get a job and start up the career ladder.
SENATE ENERGY EFFICIENCY BILL COULD MOVE SOON
Keystone XL Pipeline Amendment Could be Included
Because of the Obama Administration's recent announcement to delay indefinitely a decision on the Keystone XL pipeline, Senate Republicans and several Democrats are pressing Senate Majority Leader Harry Reid (D-NV) to allow a binding vote to approve the pipeline as early as next week. Reid has indicated that he is open to allowing an up or down vote on the measure in the Senate as a stand-alone measure; however, he hasn't said whether it will be binding meaning that it would have the force of law. In March 2013, 62 senators voted for a nonbinding resolution supporting the Keystone XL pipeline; however, it's unclear whether Senate Democrats would vote for a measure which might weaken President Obama's options concerning the pipeline.
If the Senate Majority Leader allows a vote on the pipeline measure, whether binding or non-binding, another way to move it would be to include it as an amendment to Senator Jeanne Shaheen (D-NH) and Rob Portman's (R-OH) energy efficiency bill (S. 2074), commonly known as "Shaheen-Portman," which has bipartisan support. The bill would establish voluntary national building codes, authorize funding to increase federal government conservation and increase efficiency in the manufacturing sector. It contains no mandates, is fully offset and has been modified to likely gain the necessary 60 votes to overcome a filibuster and pass the Senate. To get to a filibuster-proof majority, the new bill incorporates an amendment to last year's bill which would repeal Section 433 of the "Energy Independence and Security Act of 2007" that requires new and renovated federal buildings to phase out petroleum use by 2030.
PMAA has no position on "Shaheen-Portman," however, if a Keystone XL pipeline binding amendment is attached, PMAA will fully support it.
NEW CDL DRIVER RULE RESTRICTS CHOICE OF MEDICAL PROFESSIONAL FOR DRIVER PHYSICALS
A new rule issued by the U.S. Federal Motor Carrier Safety Administration (FMCSA) establishes a National Registry of Certified Medical Examiners (National Registry) responsible for conducting driver physical exams for CDL licensure. The new rule requires on or after May 21, 2014, all medical professionals who conduct physical examinations necessary for CDL licensure must be listed on the National Registry. In order to be listed on the National Registry, medical professionals must earn certification by completing training and testing in FMCSA's physical qualification standards for drivers. Most private practice doctors are not expected to undergo the required testing, training and certification. As a result, many drivers who have relied on family doctors to provide CDL medical qualification certificates will be required under the new rule to select a medical professional listed on the newly created National Registry. Typically, such medical professionals are private clinics specializing in DOT compliance services. The FMCSA said the rule is necessary to prevent medical professionals with no knowledge of FMCSA rules from "rubber stamping" driver medical certificates. The rule was mandated by Congress under the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 (49 U.S.C. 31149).
COMPLIANCE DEADLINE: May 21, 2014.
DRIVER RESPONSIBILITY: On or after May 21, 2014, CDL drivers seeking a medical certificate necessary to obtain or renew a CDL license must undergo a physical examination by a medical professional listed on the FMCSA National Registry. Drivers with unexpired medical certificates on May 21, 2014 are NOT required to obtain a new medical certificate from a medical professional listed on the National Registry until their current certificate expires.
INTERSTATE DRIVERS AND INTRASTATE DRIVERS: While the FMCSA rule applies to interstate drivers only, most states adopt FMCSA regulations to cover intrastate drivers as well because failure to do so would result in the loss of federal transportation funding. It is likely that every state will adopt the new FMCSA rule for intrastate drivers as written.
MARKETER RESPONSIBILITIES: Petroleum marketers have very limited responsibilities under the new rule. For medical certificates issued on or after May 21, 2014, petroleum marketers must obtain an original or copy of the medical certificate from the driver or medical professional along with verification that the certificate was completed by a medical professional listed on the National Registry. Both the medical certificate and the verification must be kept in the driver's qualification file. Verification may be as simple as a note placed in the driver qualification file by the marketer indicating that the certificate was issued by a medical professional listed on the National Registry. Marketers may use the online look up feature on the National Registry to make verification.
NATIONAL REGISTRY: Medical professionals listed on the FMCSA's National Registry of Certified Medical Examiners can be searched by locality and Zip Code by clicking here (https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam).
PLEASE TAKE THE TIME TO REGISTER NOW FOR PMAA'S WASHINGTON CONFERENCE AND DAY ON THE HILL
PMAA's annual Washington Conference and Day on the Hill will be held in our Nation's Capitol of Washington, DC from May 21-23. This forum unites marketers, state association executives and suppliers from across the country to openly discuss all the issues facing the petroleum marketing industry with their members of Congress and find solutions together.
The meeting will commence with an Opening Session / Issues Briefing in the afternoon and our welcome reception including our PAC silent auction fundraiser on May 21st. On the morning of May 22nd, there will be a buffet breakfast and a supplemental issues briefing if you did not arrive in time to attend the original one. Marketers and association executives will then head to Capitol Hill for visits with their members of Congress. Please be sure to make these appointments at your earliest convenience. There will be a hospitality suite and luncheon on the Hill. On the evening of May 22nd, we will honor our new PMAA Chair, Sam Bell. Our conference will conclude after the PMAA Board of Directors meet on May 23rd following the buffet breakfast and region meetings.
For those planning to attend this informative conference, please be sure to complete a Registration Form at your earliest convenience. You can find the registration forms and instructions along with all related details for Washington Conference and Day on the Hill here (http://www.pmaa.org/pmaameetings/upcomingmeetings.asp). Please note that the room block closes on April 29th! We are expecting a record turnout and would appreciate you and your members to plan ahead and make rooms reservations and complete registration forms at your earliest convenience.
Please make your plans now to attend this important and productive opportunity to meet with your members of Congress to make your voices heard!
2015 WPMA CONVENTION & CONVENIENCE STORE EXPO LAS VEGAS, NEVADA
Plan now to attend the 2015 WPMA Convention and Convenience Store Expo. It will be held at the Mirage in Las Vegas, Nevada. Mark your calendars for February 17-19, 2015.
MARK YOUR CALENDARS FOR UPCOMING EVENTS IN 2014
May 8-9, 2014 - NPM&CSA Big Dogs event - Red Rock Hotel & Casino Las Vegas, Nevada
June 3-5, 2014 - MPMCSA Convention - Hilton Garden Inn - Missoula, Montana
June 16-19, 2014 - WOMA Convention - Suncadia Lodge - Cle Elum, Washington
June 19, 2014 - UPMRA Summer Golf Classic - Davis Park Golf Course - Kaysville, Utah
August 6-8, 2014 - IPM&CSA Convention - Coeur d'Alene Resort - Coeur d'Alene, Idaho
August 19-20, 2014 - NMPMA Convention - Marriott Pyramid North - Albuquerque, New Mexico
September 10-12, 2014 - UPMRA Convention - Park City Marriott - Park City, Utah
Petro Pete: "There is no excuse for laziness...but if you find one, let me know."
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WPMA MEMBER SERVICES
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