newsletter header 
April 27, 2018 | www.npcainc.com
In This Issue
Quick Links
GLW Scholarship
Skimmer Training Presentation
Nebraska UST Operator Training
 2015-2016 GLW Scholarship Winners
Upcoming Events

June 14, 2018

George L. Watters Memorial Scholarship Golf Outing

 

October 3 & 4, 2018 2018 NPCA & NPGA Joint Convention

The Marketer- NPCA's Quarterly Magazine

Catch up on 
The Marketer Magazine

Click here to view digital copy
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.
 
Thank You to NPCA's Partners

  
  
  
  
  
spirit
  

  




Want to be an NPCA Partner, Contact  Katie Navratil  for details    Click here  for more information.
 NPCA HEALTH INSURANCE AVAILABILITY SURVEY
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.


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.
GLW Scholarship Golf Outing


Register Here
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

Bills Aimed at Reducing Driver Shortage
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.


IRS Issue Hefty Fines for Failure to Display Nontaxable Use Dispenser Labels
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.


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.
The Trump Administration has used its waiver authority under the RFS to exempt several small refiners from their renewable volume obligations (RVOs) which in turn has dampened ethanol RIN values. The EPA has the authority to grant exemptions from the program to refineries with a capacity under 75,000 barrels per day if the company can demonstrate financial hardship. Twenty-five exemptions have already been granted this year with possibly more to come.

Earlier this week, Agriculture Secretary Sonny Perdue testified before the Senate Agriculture Committee. At the hearing, Secretary Perdue was asked about waivers granted to smaller refineries for the Renewable Fuel Standard (RFS). Sen. Joni Ernst (R-IA) questioned Perdue on these waivers saying, "The EPA has granted about 25 small refinery hardship waivers. Some of these refineries are neither small nor facing hardships. So these waivers, to me, are unacceptable. And last week, and again today, you agreed that these waivers, like the one Andeavor received, constitute demand destruction for biofuels. So what will you do specifically to ensure that the EPA is not deliberately circumventing the RFS?" In response, Secretary Perdue stated that they "had to dig pretty deeply to get the number of gallons that had been waived this year, and with the President and his team let them understand how the instructions that he was given last fall over maintaining the RVO obligation at 15 billion gallons has essentially been circumvented by the waivers." Perdue also stated that he understands approximately 1.12 billion gallons were waived due to the waivers.

Additionally, Sen. Ernst asked Secretary Perdue if he had spoken with EPA Administrator Scott Pruitt regarding the year-round E15 RVP waiver. Perdue responded saying that he had spoken with Administrator Pruitt and stated that "these waivers have been the antidote to RIN prices in what [Pruitt] has already done, so that I would encourage him, and have actually exhorted him to do the E15 waiver, as I have the President."

On April 9, five Senators fired off a letter to the EPA Administration urging the EPA to halt the exemptions because it undermined the intent of the RFS. The letter stated, "The granting of waivers for 2016 RVOs have effectively reduced the 2016 requirement of 15 billion gallons to 13.8 billion gallons." Click here to read the letter.

Additionally, two weeks ago, 13 Midwestern senators called on EPA Administrator Scott Pruitt to stop granting small refiners exemptions from their RFS obligations, stating that the waivers could severely hurt the market for biofuels for years to come. In addition, the Senators called for transparency in the waiver process and told EPA to notify Congress in two weeks with the list of refineries that have been granted waivers, the reasons for granting the waivers, and to commit to granting waivers only during the annual RVO rulemaking process. Click here to read the letter.

PMAA continues to be concerned that small business petroleum marketers will be placed in a precarious situation if E15 starts to take hold because of the potential economic impacts of adding E15 including the costs associated with existing UST system incompatibility.


On Tuesday, Food and Drug Administration (FDA) Administrator Scott Gottlieb announced a new initiative called the Youth Tobacco Prevention Plan that would curb the underage sale and youth use of e-cigarettes. The FDA has been cracking down on the underage sale of e-cigarettes, issuing forty warning letters to brick-and-mortar retailers in the past week alone as a first step toward eliminating underage use of e-cigarettes. In his statement, Administrator Gottlieb stated, "We'll hold retailers accountable for continued violations. Let me be clear to retailers. This blitz, and resulting actions, should serve as notice that we will not tolerate the sale of any tobacco products to youth." He added, "It's clear there's need for strong federal enforcement of these important youth access restrictions and we'll continue to hold retailers accountable by vigorously enforcing the law with the help of our state partners. Today's action should serve to put retailers on notice to stop selling products to minors." The FDA said it has conducted 908,280 inspections of tobacco retailers, issued 70,350 warning letters and initiated around 17,000 civil money penalty cases in its efforts to fight the sale of e-cigarettes and other tobacco products to minors.

E-cigarettes have become popular with American youth over the past few months. One of the most popular e-cigarette products among minors is made by a company called JUUL. Due to the product's growing popularity with youth, the FDA recently sent JUUL a request for documents related to "product marketing; research on the health, toxicological, behavioral or physiologic effects of the products, including youth initiation and use; whether certain product design features, ingredients or specifications appeal to different age groups; and youth-related adverse events and consumer complaints associated with the products." The FDA is also sending out similar letters to other e-cigarette manufacturers.
Purchase Tickets for a Chance to Own a Jordan Spieth Golf Collage

Purchase your PMAA Small Business Committee (SBC) PAC raffle tickets now for an opportunity to win your own Jordan Spieth Golf Collage.

Spieth is an American professional golfer on the PGA Tour and former world number one in the Official World Golf Ranking. He is a three-time major winner and the 2015 FedEx Cup champion. Time magazine named Spieth to its list of the "100 Most Influential People," noting that he "exemplifies everything that's great about sports."

The collage is 23"x 25" and each photo is from Jordan's major wins. The logos and lettering are laser cut and laser engraved detailed nameplates with authenticity guarantee. This piece is great for any fan!

The PMAA SBC PAC will hold the raffle during the Day on the Hill Meeting in Washington, DC on May 16-18 and the raffle winner will be identified during the Board Meeting on May 18. 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 May drawing if you are the fortunate owner of the Jordan Spieth Golf 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. Advanced tickets are available until May 15 by contacting Sabrina Pitcher at 703-351-8000. Ticket sales will continue at PMAA's Day on the Hill Meeting in Washington, DC until the drawing on May 18. 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).
Mike Kerr, of Owatonna, Minnesota, was elected to the Board of Directors of the Federated Insurance Companies. The election took place at the Annual Meeting of Policyholders held April 17, 2018, at Federated Insurance Companies' home office in Owatonna, Minnesota.

Kerr is the President and Chief Operating Officer of Federated Insurance Companies. Kerr graduated from Central Michigan University with a degree in Business Administration. In 1981, Mike began his career with Federated as a Marketing Development Trainee. He has filled many roles, including Marketing Representative, District Marketing Manager, Regional Marketing Manager, DOFO, Director of Association Risk Management Services (ARMS), Vice President, First Vice President, and Senior Vice President. Over the years, Mike has led various functions in Federated's home office and chaired numerous internal teams.

In December of 2017, Kerr was appointed to President and Chief Operating Office, a role which assumed greater responsibility and authority for the operation functions including P&C Underwriting, Special Accounts, P&C Claims and Field Services, Life and Disability, Marketing, Marketing Services and Support, ARMS, Learning Center, and Granite Re, Inc.

"Mike lives and breathes integrity, while adhering to the core principles and values upon which our Company has been built," Federated Insurance Chairman and CEO Jeff Fetters said. "His leadership throughout a number of operational roles makes him exceptionally qualified for his new governance responsibilities."

Founded in 1904, Federated Insurance is a national insurance and risk management organization that serves the property, casualty, and life insurance needs of clients in select industries. The organization has hundreds of recommendations from state, regional, and national associations and affinity groups and is rated A+ (Superior) by industry analyst A.M. Best®.


PMAA Small Business Committee (SBC) PAC Co-Chairs Brad Bell and Tim Keigher thank Gene Inglesby and the Western Petroleum Marketers Association (WPMA), Roger Lane and the Georgia Oilmen's Association (GOA) and William Fleischli and the Illinois Petroleum Marketers Association/Illinois Association of Convenience Stores (IPMA/IACS), for their unique contributions for the PMAA SBC PAC Silent Auction.

WPMA donated a beautiful DOONEY & BOURKE FLORENTINE TOSCANA LEATHER HOBO BAG. Dooney & Bourke designs and crafts instant classics with the perfect union of timeless American style, the highest regard for materials and craftsmanship, and a dedication to effortless functionality. This European Dooney & Bourke Florentine Toscana Hobo bag meets elegant, equestrian styling and is a perfect complement from the work day to the weekend.

GOA contributed a stylish BUSHNELL EXCEL RANGEFINDER GOLF WATCH.Bushnell has been the industry leader in high-performance sports optics for more than 65 years. The Bushnell Excel Rangefinder Golf Watch makes getting distances around the course even easier. The Bluetooth integration with smartphone allow you to get course updates without needing to sync with a computer and you can receive call, messaging and calendar notifications on your watch and much more.

IPMA/IACS provided a MASTERS TOURNAMENT CADDY GNOME & A MASTERS SHOE BAG. The Masters Tournament Caddy Gnome is home of Augusta National Golf Club and it's highly collectible. It measures 13 inches tall x7.5 inches wide and only a limited number of Caddy Gnomes are made each year. Also, you can look like a pro golfer carrying the Masters Shoe Bag. It's a perfect way to get attention around the clubhouse.

The Auction will take place in conjunction with PMAA's Washington Conference on May 16 during the welcome reception. Last year there was tremendous support in contributions for the auction and PMAA SBC PAC Co-Chairs Brad Bell and Tim Keigher urge your participation this year as well! Brad and Tim would like to remind you that donations can include use of personal vacation properties.

If you have items that you would like to contribute for the Silent Auction, please contact Sabrina Pitcher at 703-351-8000.

Please note that auction Items must be paid for with personal funds by MasterCard, VISA, American Express, cash or check (checks can also be made out to the PMAA Small Business Committee).
The devastating results of the 2017's extreme weather are still vivid in many of our minds. Catastrophes and disasters present themselves in many forms. A business's ability to handle these disasters is critical not only to its future and success, but also to the success of the community. How will your business react to the challenges presented by a catastrophe?

If you and your employees are prepared for disaster, the feeling of panic, confusion, and loss will not consume you if disaster strikes. Based on your Open for Business game plan, a focused effort for restoring your business-using the human and physical resources that you have available-can be implemented to help get your business back up and running. Using the program's business continuity plan, you will have resources available to help you identify and recover the essential functions of your business, sustain your revenue, and inform employees of their responsibilities.

Please click here to read the article in its entirety.

For additional information or to discuss further, 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.
Six Common Phrases that Could Kill Your Business
by Betsi Bixby

As I write this article, I am sitting on an airplane headed to the east coast to meet with a group of amazing Petro CEOs. Over the years, this group of men has become more than clients to me; I consider them treasured friends.

I've witnessed each diligently persevere through temporary valleys; most through family and employee crisis', some life shattering debilitating illnesses, and death. All this while on their path to exuberant peaks of personal and business bests, watching each repeatedly achieve volume and profit records as the years rolled on.

To read all about Betsi's six common phrases that could kill your business click here. To learn more about PMAA's Corporate Platinum Partner, Meridian Associates, please visit or contact them at 800.728.9005.
Valero Announces New Branded Station Design: Vanguard

Valero announced recently that it plans to introduce a new, contemporary branded station design named Vanguard, giving Valero marketers and distributors a fresh new look and an opportunity to further develop U.S. markets and strengthen customer loyalty, while also exploring new, international markets, particularly in Mexico.

"Vanguard demonstrates our commitment to continue growing the Valero brand," said Eric Fisher, Valero Vice President Wholesale Marketing and International Commercial Operations. "The new look created by world-renowned design firm Antista Fairclough is a significant investment in our business that we expect will appeal to consumers and provide our marketers a distinctive tool to bolster the Valero top-tier quality fuel brand."

Please read the press release in its entirety here. To see the Vanguard new station design, please click here. Valero is a PMAA Corporate Gold Partner. 

Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 | www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508