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April 21, 2017 | www.npcainc.com
In This Issue
Quick Links
GLW Scholarship
Skimmer Training Presentation
Nebraska UST Operator Training
 2015-2016 GLW Scholarship Winners
Upcoming Events

May 17-19
PMAA Washington Conference & Day on the  Hill,  Click here for more info
June 6 GLW Scholarship Golf Outing, York, NE
August 2-3 2017 NPCA & NPGA
Convention
October 16-17 PMAA Fall Meeting at NACS
February 22-23 2018 PACE Show (Thursday- Friday)
PACEshow.com

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.
 
The following states are auctioning off decanter sets with a bottle of  Basil Hayden Whiskey  in their efforts to raise PMAA SBC PAC funds. The state's decanter set you bid on will receive credit for this contribution. Let the bidding begin...

Reminder, this is a federal PAC, personal funds only.




 

HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK
Taxes, Taxes, Taxes, this week in the Legislature was tax week.
 
The first bill that was debated on the floor of the Legislature this week dealing with taxes was LB640.
 
LB640 , introduced by Senator Groene, Education Committee Chair, is a bill to lower the statutory maximum levy that school's districts can charge from $1.05 per $100 of valuation to $0.987 per $100 of valuation beginning with fiscal year 2018-2019.
 
With property tax making up 48% of the major taxes collected in the state and the largest drain of property tax being levied (60%) supporting K-12 education, LB640 will put into the Tax Equity and Educational Opportunities Support Act (TEEOSA) approximately $224 million from the Property Tax Credit Cash Fund to provide "tax equity" in the funding of schools to rural land owners.
 
(photo courtesy of the Unicameral Update)
 
In addition to lowering the levy limit, LB640 capes the total revenue generated through property tax by capping
property tax for K-12 funding to the difference between 60% total general fund revenue and the current property collected by recapturing such revenues through two means: 75% of funding will be provided by the state with the other 25% to be funded, all or in part, through property taxes with a supermajority vote of the school board after a public hearing.
 
As stated in the bill's Statement of Intent, "LB640 will give long range tax equity in school funding. It eliminates the effect of valuation inflation, it puts local control into local school funding by making local school boards justify any additional property tax asking to fill the gap above the 75% factor. It will also eliminate some of the shielding effect that the property tax credit gives local government entities for spending increases."
 
During the debate on LB640, Senator Briese offered AM1036, which contained many of the provisions of the bill he introduced at the beginning of the session, LB312, which would have removed the exemption from sales tax on several items including investment advice, recreational activities, transportation services, interior decoration, parking, storage, moving, bottled water, candy, soft drinks, automobile repairs, cleaning, and home repair services.
 
Lawmakers debated LB640 and AM1036, spending a total of three hours on the bill, before adjourning for their noon recess with no action taken on AM1036. Under Speaker Scheer's rules laid out at the beginning of all day floor debate, a bill will get three hours of floor time to start with and if filibustered, like LB640 was, the sponsor will have to show that there is a great likelihood of getting the 33 votes necessary to invoke closure. If the sponsor is not able to provide such reassurance, then the bill is not likely to see any further floor time in the 2017 session and will then carryover to the 2018 session.
 
LB44 , a bill to Adopt the Remote Seller Sales Tax Collection Act saw approximately an hour and a half of floor time this Tuesday on Select File.
 
The bill is intended at collecting state and local sales taxes for purchase that are made online. Under current law, Nebraska residents are obligated to pay either the sales tax on taxable purchases at the time of purchase, or pay a use tax directly to the state through their tax return, which obviously very few do, as the Department of Revenue does not know who owes tax, since it is self-reporting.
 
If passed, LB44 would level the playing field between Nebraska based brick-and-mortar businesses and out-of-state online retailers by requiring out-of-state retailers to either collect the taxes due and remit them to the State of Nebraska, or require them to report sales made to Nebraska residents to the Nebraska Department of Revenue.
 
LB44 would apply the following to out-of-state sellers who refuses to collect Nebraska sales tax:
 
  • Retailers with gross sales over $100,000 in Nebraska or 200 transactions annually would be required to collect and remit the State's sales taxes. If they chose not to collect the tax these out-of-state retailers then would be required to notify both the buyers and the State of Nebraska that the sales tax is due.
 
  • The remote seller would have to notify Nebraska purchasers that the sales or use tax is due and that the State of Nebraska requires the purchaser to file a sales or use tax return.
 
  • The remote seller would be subject to a $5 penalty for each failure to notify.
 
  • The remote seller must send notification annually to Nebraska purchasers by January 31 reflecting the total amount of purchases made in the previous year. Failure to send this notification would subject the remote seller to a $10 penalty.
 
  • Finally, the remote seller is required to file an annual statement for each purchaser by March 1 with the Department of Revenue showing the total amount paid in the previous year. Failure to file this annual statement would subject the remote seller to a penalty of $10 for each purchaser that should have been included on the statement."
 
While the governor has stated that the passage of LB44 could be viewed by Nebraskans as a tax increase, because it is a tax that is not being collected or paid currently, proponents, brick-and-mortar business say that this is not a new tax, but instead is a mechanism to level the playing field ensuring the tax is paid on all sales regardless of where the purchase is made.
 
The governor also has concerns over the constitutionality of the bill as some few it is a violation of the U.S. Constitution's commerce clause and that the issue of online sales and taxes applicable to such is an issue that needs to be dealt with on the federal level.
 
Senator Kuehn had asked for a formal Attorney General's opinion on the constitutionality of the bill, which came out on Monday.
 
While AG Doug Peterson agreed that the bill, as written, would be considered unconstitutional in his opinion, his letter did offer some insight on how the bill's notice and reporting requirements could be rewritten to resolve the constitutional issues, as written in the letter's conclusion:
 
"In sum, we conclude that the sales tax collection obligation imposed on remote sellers having no physical presence in Nebraska under Section 4 of LB44 is unconstitutional under the commerce clause as interpreted by the U.S. Supreme Court in Quill (Quill Corp. vs North Dakota, 504U.S. 298 (1992 [Quill]). Moreover, as Quill's interpretation of the commerce clause is binding on any state or federal lower court, it can be changed only by the Supreme Court or action by Congress exercising its power to regulate interstate commerce. The notice and reporting requirements in Section 5, if amended, would not be contrary to Quill, and would not violate the commerce clause, based on the Tenth Circuit's recent decision Brohl II."
 
 
What further legislative action will see on LB44 yet this session is unknown. If it can be amended to resolve the constitutional issues, the lack of time left in the 2017 session becomes a factor as well.
 
Friday of this week saw three hours of floor time on the Governor's proposed tax package, introduced by Senator Jim Smith in LB461.
 
 (all the information relative to LB461 below is from the Governor's website)
 
 

 
 
  • Tax Relief for All Nebraskans: Nebraskans of all income levels will see tax relief on their income under this plan.  Middle and low-income Nebraskans will see the biggest percentage reduction in income taxes.
  • Property Tax Reform First: The plan changes the way ag land is valued for taxation purposes beginning in 2018, moving from a comparable market sales approach to valuing land based on its income potential.  Functionally, this plan would have reduced ag land property valuations by $12 billion if it had been in place in 2017.  This would have been an average reduction of 12 percent statewide.  With flat levies, this would have reduced property tax on ag land by about $147 million in 2017.  This plan also protects our K-12 schools with a projected investment of over $30 million each year in the state aid formula.
  • Incremental Income Tax Relief: Starting in 2020, reduces the top income tax rate incrementally from 6.84 percent to 5.99 percent, but only if state revenues are expected to grow by 3.5 percent or more.
  • Tax Credits for Low-Income Families: Starting in 2019, the plan provides tax credits for low-income families, increases the personal exemption credit, and expands the existing Earned Income Tax Credit.  The plan contains approximately $7 million of new tax credits a year for low-income Nebraska families.
  • Corporate Tax Relief to Create Jobs: The plan incrementally reduces the top corporate income tax rate from 7.81 percent to 5.99 percent to help make Nebraska more attractive to new companies or companies looking to expand.  After an initial reduction to 7.59 percent, the plan makes continued incremental reductions only if state revenues are projected to grow by 4 percent or more starting in 2020.
For additional information about LB461  click here.

According to media reports, Senator Smith vows, "It (LB461) will be coming back". "I believe I will have the votes when I'm ready for it."
 
Looking Forward to Next Week
 
With this week being tax week, next week will be more heavy lifting in the Nebraska Legislature as senators will begin first round debate on the state's next biennium budget.
 
Lawmakers will start the week of April 24th off with a budget briefing first thing in the morning (8:45a.m.) followed by final round consideration of 51 bills, including A bills.
 
Tuesday and Wednesday will be set aside for debating the state's next biennium budget, with Wednesday having been designated a "late night session" day, in which the legislature most likely will work past 9:00p.m. and potentially as late as 11:59p.m.
 
The State's $9 billion budget must be passed no later than the 80th legislative day, which is May 10th.
 
The Nebraska Economic Forecasting Advisory Board meets on Wednesday of this coming week to give its final forecast prior to the budget being passed. Depending on the forecast, the budget could become more or less challenging.
 
On Thursday, they will address bills that are on Select File, which will include the list of Consent Calendar bills, listed below, that were advanced from General File on Thursday of this week.
 
Document
Introducer
Description
Update references to the Internal Revenue Code
Adopt the Dialysis Patient Care Technician Registration Act
Update references to the National Electrical Code
Add dyslexia for purposes of special education
Change powers and duties of the Department of Health and Human Services under the Radiation Control Act
Define the term knife for certain provisions of the criminal code
Change provisions relating to the sale of real property by a city of the second class or village
Change provisions relating to when special assessments are payable for cities of the metropolitan class
Provide for transfer of business interests under uniform transfer-on-death security registration
Redefine effective financing statement and change provisions relating to the master lien list with respect to farm product security interests. AM179  , adds, after the word "list" on page 4, line 2, "in whatever form" to clarify that "received or obtained by the buyer" in all forms (i.e. paper, electronic media, via the internet, etc.)  To view the bill itself, the Statement of Intent, Committee Statement, or Fiscal Note click here.
Change provisions relating to homestead exemption certifications
Eliminate a sales and use tax exemption relating to political events
Exempt completion certification for dam or reservoir from filing fee
Eliminate obsolete provisions related to milldams
Change membership provisions for certain municipal community redevelopment authorities, citizen advisory review committees, and planning commissions
Authorize disciplinary action under the Insurance Producers Licensing Act for failing to maintain a license in good standing
Change provisions relating to trust funds under the Burial Pre-Need Sale Act
Change provisions relating to the scope of coverage of and notice required under the Portable Electronics Insurance Act
Provide an exception to the annual privacy notice requirement under the Privacy of Insurance Consumer Information Act
Change Employment Security Law provisions relating to employers' experience and reimbursement accounts
Change provisions of the Administrative Procedure Act relating to rules and regulations
Change provisions relating to qualifications of boiler inspectors
Eliminate condemnation authority of the State Fire Marshal
Eliminate a requirement regarding opening bridge bids
Change provisions relating to domestication of foreign corporations and the effect on original incorporation dates
Change provisions relating to notice of cancellation, nonrenewal, or nonpayment of a premium for automobile liability policies
Change provisions relating to mowing of weeds along roads
Change provisions of the Credit Union Act
Change a provision relating to appointment to certain cemetery boards
Authorize telephone conferencing for meetings of the Nebraska Brand Committee
Change provisions relating to the Address Confidentiality Act
Provide procedure to withhold from the public law enforcement officers' residential addresses in county records
Change provisions relating to appeals to the Supreme Court, service on employees of the state, and summary judgment
Adopt the Self-Service Storage Facilities Act and authorize certain liens
Change provisions of the Plant Protection and Plant Pest Act and eliminate the Nebraska Rangeland Grasshopper Control Act
Adopt the Investigational Drug Use Act
Amend the Administrative Procedure Act by redefining a term and changing provisions relating to an index
Provide for mediation, child abuse prevention, and civil legal services fees in certain proceedings
Change provisions regarding transfer of property upon death
Change provisions relating to bidding and purchases, conflicts of interest in the materiel division, and facilities construction and administration
Change provisions relating to the County Purchasing Act
Provide that the county surveyor shall perform the duties of county highway superintendent in certain counties as prescribed
Change the population threshold for the county civil service system
Change provisions relating to budget limitations for counties

 
 
Bills of Interest
2017 GLW SCHOLARSHIP GOLF OUTING

George L. Watters Memorial Scholarship Golf Outing

 

Tuesday, June 6, 2017 

 

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 at the York Country Club.


 

 

CLICK HERE TO REGISTER AND SPONSORSHIP OPPORTUNITIES!

 

 

 

 

 

Thank you to our sponsors:


 

Beverages on the Course and Dinner Sponsor:


 

Shrimp and Hole Sponsor:                            Hole in One Sponsor:

          
 

 

 

HENSARLING SETS HEARING DATE TO DISCUSS FINANCIAL CHOICE ACT REINTRODUCTION
This week, House Financial Services Committee Chairman Jeb Hensarling (R-TX) announced plans to hold a hearing to discuss the Financial CHOICE Act on April 26. The Committee plans to discuss the updated version of the bill at the hearing, dubbed the Financial Choice Act 2.0, which includes a provision that would repeal the Durbin Amendment. Repealing the Durbin Amendment would be extremely harmful to retailers because it ultimately lowered debit card interchange fees which are the second highest expense to a retailer only behind labor.

PMAA has been working with the Merchants Payments Coalition (MPC) and meeting with House Financial Services Committee members for the past year to educate members of Congress about the benefits of the Durbin Amendment. Now that we know the legislation includes the provision to strip the Durbin Amendment, we are going to make this a top issue during PMAA's Day on the Hill in May.

Also, please click here for an update from PMAA General Counsel regarding the credit card interchange fee litigation.


EPA TASK FORCE BEGINNING TO EVALUATE REGULATIONS
On March 1, President Trump signed an executive order stating that all agencies must form their own regulatory reform task force to evaluate existing regulations and make recommendations to repeal, replace or modify based on factors including impacts on job creation, necessity, effectiveness, cost-benefits and consistency with other regulatory reform initiatives.

The task forces are required to seek stakeholder input, and EPA is holding a series of calls to go over some industry proposals. Space to participate in the calls booked up immediately. However, PMAA is preparing our list of regulations to repeal or modify to communicate to our contacts on the EPA Task Force prior to the May 15 deadline.

Removing rules will likely involve a difficult and lengthy process unless Congress changes the Administrative Procedures Act which could result in many court battles. 

The States of West Virginia, Wisconsin, Alabama, Arizona, Arkansas, Georgia, Kansas, Louisiana, Michigan, Nevada, Oklahoma, South Carolina, Texas, and Wyoming filed a "friend of the court" brief in defense of President Trump's executive order directing agencies to identify two regulations for repeal or revision for every rule promulgated.

The fourteen states have a significant interest in actions that lessen regulatory burdens on the states and those states see that the growth of new regulatory burdens has greatly increased, while unnecessary regulations, particularly older ones, are rarely eliminated. To review the brief, click here.

PMAA strongly supports the President's executive order and all efforts to reduce regulatory burdens on petroleum marketers. 

COMMERCE DEPARTMENT INVESTIGATING ARGENTINA AND INDONESIA BIODIESEL IMPORTS
The U.S. Commerce Department has launched an antidumping and countervailing duty investigation aimed at biodiesel imports from Argentina and Indonesia. The investigation is in response to a complaint filed by the biodiesel industry in the United States. U.S. biodiesel industry representatives testified to the International Trade Commission last week, saying biodiesel produced in Argentina and Indonesia has been flooding the U.S. market since 2014. The industry claims the subsidized biodiesel from Argentina and Indonesia forced U.S. producers out of their home market. The Commerce Department says there is reason to believe that Argentine and Indonesian biodiesel companies were selling into the U.S. "at less-than-fair value." The cases could result in duties on the imports from the two countries.

The National Biodiesel Board (NBB) said imports from Argentina and Indonesia increased by more than 460 percent from 2014 to 2016, gaining about 18 percent of U.S. market share during that time. Imports of biodiesel from Argentina and Indonesia were valued at an estimated $1.2 billion and $268 million in 2016, respectively, Commerce said. Dumping margins could be as high as 26.54 percent for Argentina and 28.11 percent for Indonesia, according to the NBB.

Argentine biodiesel exporters argue that it's a protectionist measure and the claim is misguided. Argentina is the world's No. 1 exporter of soyoil while Indonesia is the world's top producer of palm oil.

The next major step in the case is a preliminary International Trade Commission ruling on injury which is expected on or before May 8. If the commission advances the cases, Commerce will announce preliminary determinations on estimated rates of subsidization and dumping on or about Aug. 22 and Oct. 20.


PURCHASE TICKETS FOR A CHANCE TO OWN A CHICAGO CUBS 2016 WORLD SERIES CHAMPIONS COLLAGE
Purchase your PMAA Small Business Committee (SBC) PAC raffle tickets now for an opportunity to win a Chicago Cubs 2016 World Series Champions Collage. The Cubs have appeared in a total of eleven World Series. They have established themselves as the best team in baseball, and on September 8, 2016, the Chicago Cubs replaced the sod in Wrigley Field. The featured piece of sod is from the discarded sections of the field along with two cover pictures. This piece is great for any fan!

The PMAA SBC PAC will hold the raffle during the Washington, DC May 17-19 conference and the raffle winner will be identified during the conference on May 19. 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 Chicago Cubs 2016 World Series Champions Collage.

SBC PAC Chairs Brad Bell and Tim Keigher thank the raffle award donor, Bill Fleischli of the Illinois Petroleum Marketers Association/Illinois Association of Convenience Stores.

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 16. Ticket sales will continue at PMAA's conference in DC until the drawing on May 19. 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). To purchase tickets before May 16, contact Sabrina Pitcher at 703-351-8000 or click here to donate to the PMAA PAC online.

OVERTIME RULE DELAYED AGAIN
Because confirmation of the new Department of Labor (DOL) secretary has not occurred, a third delay in DOL's appeal of a judge's order that halted the agency's overtime rule has been pushed back for the DOL's next filing, from May 1 to June 30. This will give incoming leadership time to review the department position.

The rule which would raise the threshold for receiving mandatory overtime from $23,660 to $47,476 a year, was scheduled to take effect December 1, but a judge blocked it on November 22, finding the DOL lacked authority under the Fair Labor Standards Act.

PMAA will continue to monitor the latest with the overtime rule.

Last Thursday, Energy Transfer Partners LP filed a tariff with the U.S. Federal Energy Regulatory Commission stating that interstate crude oil delivery via the Dakota Access Pipeline (DAP) will begin on May 14.

The $3.8 billion pipeline will bring crude oil through the Midwest and into the U.S. Gulf Coast with a daily capacity of 570,000 barrels of oil. In February, the Army Corps of Engineers announced that it had completed the review of the DAP oil project that had triggered months of protests from Native American tribes and environmentalists.

The approvals of the Dakota Access Pipeline and the Keystone XL Pipeline are indicative of how the new Administration is taking a much needed and drastically different approach to energy issues.


As a business owner, you don't think twice about protecting physical assets critical to the business's operation, such as buildings, vehicles, and equipment. However, have you also considered protecting the most critical assets to your success: your key employees? The loss of a key employee could have a devastating, long-term impact on your business.

Think about which employees possess the management skills, technical know-how, experience, and customer relationships upon which you rely. How would your company handle the void left by the death or departure of a key employee?

There are different ways to look at the value your key employees bring to your business. Please read the article in its entirety here. 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.

PMAA CORPORATE PLATINUM PARTNER SPOTLIGHT FEATURING: RENEWABLE ENERGY GROUP, INC.
Biodiesel Gave Jobber 'Huge Competitive Advantage'

Fuel marketer Broadus Oil Corporation of Illinois started offering biodiesel in 2005, before many of its fellow jobbers. That turned out to be a smart decision. "It was a huge competitive advantage for us," owner Steve Broadus says.

Given biodiesel's growing popularity, there's more competition in the marketplace today; but Broadus says the alternative fuel continues to be a boon to his business. Customers want biodiesel because it's a homegrown, environmentally friendly fuel that in some cases outperforms petroleum diesel, and often at a better price. "It's a very dependable product," he says. "I have no qualms. None at all."

Read more in this case study about Broadus Oil and how its customers benefit from biodiesel.

For additional information about Renewable Energy Group, Inc., please visit or contact Troy Schoen. Renewable Energy Group is a PMAA Corporate Platinum Partner.

PMAA's 2017 annual Washington Conference and Day on the Hill will be held in Washington, DC from May 17-19. With the new Congress and Administration in place, our industry continues to have dozens of important legislative and regulatory issues to discuss and the Day on the Hill continues to be the primary focus of this conference. 

The meeting will begin with an Opening Session / Issues Briefing and Region meetings in the afternoon of May 17.  In addition, PMAA will hear from Rep. Bill Flores (R-TX) on the May 17 during the Opening Session.  Our welcome reception, including our fun and popular PAC silent auction fundraiser, concludes the day! On the morning of May 18, marketers will head to Capitol Hill for visits with their Congressional delegations after a buffet breakfast and issues briefing for those who were not able to attend the opening session. Please be sure to make these appointments immediately.  There will be a hospitality suite and luncheon on the Hill. On the evening of May 18, we will honor our 2017 PMAA Chair Mark Whitehead. Our conference will conclude after the PMAA Board of Directors meet on May 19 following a buffet breakfast and committee meetings.

Please click here for our event website for all details including registration with secure event payment processing through Cvent.  If you plan on attending PMAA's annual Washington Conference and Day on the Hill, please also take the time now to make your room reservation through A Room with A View (our overflow hotel company serving as our waitlist) at 800.780.4343 and they will accommodate you at various hotels as close as possible to the Washington Marriott at Metro Center. As rooms become available soon, they will transfer your reservation to Marriott at Metro Center as they were received by them.  May is a very busy peak month here in Washington, DC where hotels book quickly and there are many citywide events also going on during our conference.  Hotel and Travel information is posted on our event website.   We are expecting a record turnout! If you have not yet registered or reserved your hotel room, now is the time to do so!
Please make your plans to attend this important and productive forum to meet with your members of Congress and network with other marketers from across the country!  We look forward to welcoming you to DC in May! 

"Help, I Need Somebody!"

As one of a ton of classic tunes by The Beatles, "Help!" was a cry out for somebody to love. For employers who find themselves in a staffing jam, they might be screaming the same words. Let's say one of your commercial drivers quit without notice and someone needs to drive that truck to make deliveries. You can't put a driver behind the wheel without the proper license and background check. Unless you can find a current employee to cover for you, you must go complete the federally required background checks before you put a new driver to work. Or maybe your HVAC installer also quit without notice, and those central AC units aren't going to install themselves. But you complete sex offender checks on all new employees, and since the check takes less than a minute, you'd be wise to get it done before allowing a new person to go into a home, especially one with children around.

The bottom line is that the time it takes to complete a background check (and its cost) is worth the wait. Damaging lawsuits, fines, and other issues that can result from your impatience will take up much more of your time and money than any background check.

Laborchex, a PMAA Vendor who has been serving clients nationwide since 1991, provides a program of background checks for PMAA members. For more information and to discuss your needs, please review PMAA's current program or email Steven J. Austin or call at 800.880.0366 x4574




The Department has posted a new notice,  Filing Tips for the Nebraska Monthly Fuels Tax Return, to the website. The notice highlights some of the most common filing errors and issues noted on the Nebraska Monthly Fuels Tax Return, Form 73.

 
Questions?
Contact Us
 



Model 241C ¾ inch with MFG Date 01-01-2013 through 03-12-2017
 
 
 
Recall Summary
Name of product:
Gas station hose swivel connectors
Hazard:
The swivel connectors can separate from the hose or nozzle of the gas station pump and cause fuel spillage, posing fire and explosion hazards.
Remedy:
Consumer Contact:
OPW toll-free at 866-562-5931 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.opwglobal.com and click on "Swivel Recall" for more information.
Units:
About 824,000
Description:
The recall involves metal swivel connectors installed between the nozzle and hose of gas station pumps that dispense refined fuels such as gasoline, diesel, ethanol blends, and biodiesel blends. The recalled swivel connectors have a "MFG date" printed on the end in the format of: MM YY or MM-DD-YEAR or MM-YEAR. The model number is printed on the center body of the swivel connector. The following models are included in the recall.
 
Model
MFG Date
241TPS-0241C (3/4 inch)
01-01-2013 through 03-12-2017
241TPS-0241 (3/4 inch)
01 13 through 03 17
36S (3/4 inch)
01-01-2013 through 03-12-2017
241-1000 (1 inch)
01 13 through 03 17
241-1000C (1 inch)
01-01-2013 through 03-12-2017
36S (1 inch)
01-2013 through 03-2017
Incidents/Injuries:
OPW has received two reports of the swivel connectors separating from the hose or nozzle. No injuries have been reported.
 
Remedy:
Gas station owners should immediately stop using and remove the recalled swivel connectors and contact OPW for a free replacement. The hose and nozzle can continue to be used without the swivel connector until the replacement is installed.   
Sold At:
OPW through distributors and direct to gas stations as individual units and as part of hose kits from January 2013 through January 2017 for about $33.
Distributor(s):
OPW, of Hamilton, Ohio
Manufactured In:
Taiwan
This recall was conducted, voluntarily by the company, under CPSC's Fast Track Recall process. Fast Track recalls are initiated by firms, who commit to work with CPSC to quickly announce the recall and remedy to protect consumers.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -- contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
To report a dangerous product or a product-related injury go online to www.SaferProducts.gov or call CPSC's Hotline at 800-638-2772 or teletypewriter at 301-595-7054 for the hearing impaired. Consumers can obtain news release and recall information at www.cpsc.gov, on Twitter @USCPSC or by subscribing to CPSC's free e-mail newsletters.
 

Thank You to NPCA's Partners

  
  
  
  
  
spirit
  

  




Want to be an NPCA Partner, Contact  Katie Navratil  for details    Click here  for more information.
Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 | www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508