YOUR WEEKLY MEMBER NEWS LETTER:
is a service provided only to members of the Nebraska Petroleum Markers & Convenience Store Association (NPCA). If you have any key personnel that would like to be added at no additional charge, please feel free to reply to
tkeigher@npcainc.com, katie@npcainc.com or call (402)-474-6691.
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Thank You to NPCA's Partners
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NPCA HEALTH INSURANCE AVAILABILITY SURVEY
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As you know Federated, whom NPCA has endorsed for many years for healthcare insurance, decided to leave this arena back on December 31, 2017.
In an effort to help members find an alternative and to assist members in controlling their health care premiums the association is looking at the interest and viability of forming a Multiemployer Welfare Organization (MEWA), aka, an association sponsored health care plan.
In order to find insurance carriers who are willing to look at underwriting a potential group plan, we first must gather some information from our members.
The survey link below will allow NPCA to see what the interest level of members is and provide the needed information to seek proposals from insurance carriers.
I ask that you please complete the survey, as it should only take you, or your staff, about 10 minutes or less. We need as many members as possible, who are interested in looking at such an alternative, to participate in the survey. Participation in the survey by no means obligates you to signing up for the association sponsored plan should one come about. We just need to know if there is enough interest to continue to move forward at the possibility of making one available to members.
If you should have any questions, please feel free to contact me by email at
tkeigher@npcainc.com or by calling the association offices at (402)-474-6691.
Thank you for your continuing investment in NPCA and we hope that you find this option for health care as a valuable, potential member benefit.
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Yesterday, the House approved an amendment to the Federal Aviation Administration (FAA) reauthorization bill (H.R. 4) which would prohibit states from setting their own requirements for trucker meal and rest breaks. The amendment, introduced by Reps. Jeff Denham (R-CA), Henry Cuellar (D-TX) and Jim Costa (D-CA), was approved by a vote of 222- 193.
Since 1994, Congress has prohibited states from any regulation relating to motor carrier prices, routes, or services. However, in recent years, running in direct conflict with the prohibition, some courts have imposed state meal and rest break laws on interstate motor carriers, creating a dangerous and confusing two-tiered system of rules conflicting with the existing federal standards. The Denham/Cueller/Costa amendment would clarify that, since the enactment of the original FAA Authorization bill in 1994 (F4A), federal law has preempted state regulations of interstate motor carriers' meal and rest break obligations.
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GLW Scholarship Golf Outing
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June 14- York, NE
Come network with members of the industry and raise money for the George L. Watters Memorial Scholarship Golf Outing 11:30 Lunch 12:00pm Shot Gun Start Dinner to follow
Beverages on the Course & Dinner Sponsor:
Shrimp & 2 Hole Sponsor: 19th Hole Sponsor:
Lunch Co-Sponsor:
Hole Sponsors:
Altria, Bosselman Energy, Cenex, Cubby's,
ET Products,Federated Insurance,
Flint Hills Resources, Growmark, Hartland Fuels, LSI,
Midwest Pump & Equipment, Phillips 66,
RDG Geoscience & Engineering, RJ Reynolds, Shell Oil, Sinclair Oil, Western Oil
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Bills Aimed at Reducing Driver Shortage
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A top priority for PMAA is supporting efforts to expand the availability of qualified truck drivers. For a decade the trucking industry has struggled with a shortage of drivers and the problem is growing. The main causes of the shortage are the aging workforce, job alternatives, regulations, young drivers exiting the market because of life style changes and industry growth requiring more drivers. Because of this shortage, several bills have been introduced to help to alleviate the problem. The "Developing Responsible Individuals for a Vibrant Economy Act," H.R.5358, known as "The DRIVE-safe Act," was introduced by Reps. Duncan Hunter (R-CA) and Trey Hollingsworth (R-IN), which would allow drivers 18 and older to operate across state lines, if they meet rigorous training requirements - at least 400 hours of on-duty time with 240 hours of driving time, with an experienced driver training them. Training would also be restricted to trucks equipped with active braking systems, video monitoring systems and speed limiters set to 65 mph or slower. H.R.5358 has received support from UPS, the American Trucking Associations (ATA), the International Foodservice Distributors Association (IFDA) and the National Council of Chain Restaurants, a division of the National Retail Federation. The FAST Act that was passed by Congress in 2015 included a pilot program to study the safety implications of allowing veterans between the ages of 18-21 to operate trucks across state lines. Under current federal law, veterans in this age group are prohibited from doing so even though they can otherwise obtain a commercial driver's license (CDL) in each of the 48 contiguous states. The provision that established the pilot program prohibits hazmat transporters from participating in the pilot program. The WHEEL Act (H.R. 3889) was introduced by Congresswoman Claudia Tenney (R-NY) to broaden the criteria for participation in the pilot program by allowing CDL holders ages 18-21 who have a clean driving record and have received a certification of completion from a qualified training program to participate in the study. However, it does not repeal the language which prohibits hazmat transportation from participating in the pilot program. PMAA continues to vet these bills as well as other possible solutions to increase the number of CDL truck drivers in the U.S.
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IRS Issue Hefty Fines for Failure to Display Nontaxable Use Dispenser Labels
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PMAA continues to receive calls from marketers who are being slapped with hefty fines for failure to display IRS nontaxable use warning labels on dispensers. The IRS requires all dyed diesel and dyed kerosene dispensers to have a specific label indicating that the fuel is for nontaxable use only. Dispensers supplying undyed, untaxed kerosene sold from a blocked pump must also display an IRS nontaxable use warning label. The labeling requirement has been in place for diesel dyed diesel dispensers since 1993 and for dyed and clear kerosene dispensers since 1998. IRS field agents continue to aggressively enforce the dispenser label requirement in all regions of the country. Under IRS regulations, marketers who fail to post the required labels on applicable dispensers are presumed to know that the fuel will not be used for a nontaxable use and will be responsible for paying the 24.4 cpg federal excise tax on the fuel (the back-up tax) and assessed a $10 for every gallon of fuel in the tank at the time of the violation. Some petroleum marketers are under the mistaken belief that the required EPA and FTC dispenser labels, which also provide a warning notice for nontaxable use, satisfy the IRS label requirement. This assumption is incorrect. The IRS, EPA and FTC labels are all required to appear on dispensers despite their apparent redundancy. The IRS does not enforce EPA and FTC label requirements. The following IRS labels must be posted on any retail dispenser or other delivery facility (skid tank, consumer dispensers at bulk plants or card locks) where dyed diesel fuel and/or dyed kerosene are dispensed for use by a purchaser/consumer:
"DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE" or
"DYED KEROSENE, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE"
In addition, the following label must be posted on all blocked pumps that sell clear, untaxed kerosene:
"UNDYED UNTAXED KEROSENE, NONTAXABLE USE ONLY"
The labels must be affixed to the dispenser in a conspicuous place within easy sight of the person dispensing the fuel either on the face of the dispenser (on both sides) or on the side of the dispenser just above the nozzle housing. The IRS issues violations for any IRS required label that is missing, faded, ripped or obscured in any from the consumers view. Marketers should frequently inspect dyed diesel fuel, dyed kerosene and clear untaxed kerosene dispensers to ensure the IRS label is properly placed and legible. Labels can be ordered online from most petroleum and c-store supply vendors. PMAA Staff Contact: Mark S. Morgan, Regulatory Counsel mmorgan@pmaa.org.
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As more face-to-face merchants adopt EMV-enabled payment terminals in the United States, major card brands have evaluated the need to continue collecting cardholder's signature as a valid verification method and have determined that the security and fraud protection from EMV adoption allows merchants to discontinue the collection of signatures. Effective April 13, 2018, the four major networks will no longer utilize signatures during dispute procedures. Please read here that details each network's change to existing requirements. Should you have any questions, please reach out to your designated Worldpay Account Manager or PMAA's Worldpay Executive Client Manager, Glenda Preen at 972.325.1801. Worldpay is a PMAA Corporate Silver Partner and Vendor.
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