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
|
|
|
|
The EPA today waived summertime RVP and reformulated gasoline (RFG) requirements across 38 states and the District of Columbia in response to the continuing disruption of the fuel supply distribution chain caused by multiple refinery outages in the wake of Hurricane Harvey. Specifically, summertime RVP and year-round RFG requirements are waived through September 26, 2017 in the following states:
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, Delaware, Maryland, New Jersey, New York, Pennsylvania, Florida, Georgia, North Carolina, South Carolina, Virginia, West Virginia, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Wisconsin, Alabama, Arkansas, Louisiana, Mississippi, New Mexico, and Texas. The waiver also applies in the District of Columbia.
Today's EPA waiver supersedes the agency's previous RVP and RFG waiver Issued on August 31, 2017.
Click here to read the Multi-State Fuel Waiver.
PMAA has been working closely with the EPA, IRS, DOT and DOE on the regulatory waiver process in order to limit to supply disruptions at the terminal level that could lead to fuel allocation for branded and non-branded marketers. Today's EPA waiver supersedes the agency's previous RVP and RFG waiver Issued on August 31, 2017.
PMAA will continue to monitor the fuel supply situation and seek additional waivers as needed.
This waiver allows for the sale of wintertime RVP in summertime RVP areas through the end of the summertime RVP season on September 15 while conventional gasoline may be sold in RFG areas until September 26, 2017.
|
|
|
As part of the Moving Ahead for Progress in the 21st Century (MAP-21) Act, Congress mandated that commercial vehicles operating in interstate commerce must be equipped with electronic logging devices (ELDs). The ELD mandate requires all CDL drivers to replace paper log books for recording driver hours of service with FMCSA approved and certified ELDs by December 18, 2017. For trucks already equipped with automatic onboard recording devices, the switch over to ELDs is not required until December 16, 2019. Short haul drivers operating under the 100-air mile exception for written log books are exempt from the ELD requirement. To execute this mandate, the Federal Motor Carrier Safety Administration (FMCSA) published the ELD final rule in December 2015.
On Wednesday, Congressman Brian Babin (R-TX) brought his bill, H.R. 3282, the ELD Extension Act of 2017, to the floor as amendment 35 to the Transportation, Housing and Urban Development Appropriations bill. Babin's bill would delay the current implementation deadline for FMCSA's ELD mandate until December 18, 2019. In spite of strong support of a coalition of businesses that includes PMAA, the amendment failed by a count of 173 to 246.
PMAA supports delaying the ELD mandate because it unfairly burdens small businesses, will not improve safety, violates drivers' harassment and privacy rights and provides a flawed cost-benefit analysis.
|
Justice Department Drops Appeal of Overtime Rule
|
On Wednesday, the Justice Department announced that it was dropping its appeal of the Obama-era overtime rule, five days after a Texas federal judge struck down the rule. Judge Amos Mazzant, an Obama-nominated judge, invalidated the rule on August 31, saying the DOL "exceeded its authority and has gone too far with the final rule. Nothing in [the law] allows the Department to make salary rather than an employee's duties determinative."
Late last year, Mazzant blocked the Obama Administration's final overtime rule just days before it was to go into effect on December 1, 2016. The Obama Administration's DOL rule would have raised the salary threshold for receiving mandatory overtime from $23,660 to $47,500 a year. PMAA welcomes this news because if the overtime rule were to be implemented, many employers would be faced with the possibility of reducing hours worked to 40 or less per work week. Management would also need to be diligent in watching hours worked for those employees who do not meet the salary requirements, or would be legally obligated to pay overtime pay at a rate of 1-1/2 times their normal rate of pay for all hours worked over 40. Lastly, by increasing the threshold for overtime-eligible employees, companies could be forced to cut bonuses and benefits to boost the managers' base salaries and lower hourly rates to compensate for the expense of paying salaried managers more.
|
Congress Passes Deal for Harvey Aid and Debt Ceiling
|
Today, Congress passed a package that would provide $15.3 billion for Harvey aid relief that also increases the debt ceiling. The House passed the bill 316-90; a day after the Senate passed it, 80-17. The legislation would also fund the government through December 8 which eliminates the possibility of a government shutdown for the foreseeable future.
According to some Republicans, with the government nearing the debt ceiling, it was important for lawmakers to combine the issues into a single bill in order to ensure relief for Hurricane victims. However, many Republicans believed the GOP should have negotiated spending terms in exchange for an increase in the debt ceiling. Shortly before the bill's passage, the Senate rejected proposals from Sens. Rand Paul (R-KY) and Ben Sasse (R-NE) to amend the bill. Sen. Paul's language would have required the Senate to offset the bill with spending cuts, while Sen. Sasse wanted to pass the smaller, $7.85 billion House bill.
|
Republicans Have Until End of the Month to Pass Obamacare Under Reconciliation
|
On Friday, the Senate parliamentarian stated that the Senate's 2017 budget resolution, which gave reconciliation instructions to repeal Obamacare, will expire at the end of the month. This means that Republican senators must either pass a new budget to repeal Obamacare with a simple majority or they will need 60 votes, a filibuster-proof majority, in order to make changes to Obamacare.
In July, a months-long effort by Senate Republicans to pass healthcare legislation collapsed after three Republican Senators (McCain-AZ, Murkowski-AK and Collins-ME) joined Democrats in voting against a "skinny" repeal bill that would have repealed Obamacare. Although the Senate has moved on to budget issues, some Republicans are still holding out hope and have been working on a broader bill that would make changes to the healthcare law. Lindsey Graham (R-SC), Bill Cassidy (R-LA) and Ted Cruz (R-TX) have been talking with their fellow Republicans in the Senate about a new bill in hopes of reviving the effort. However, with the Senate's busy agenda, a bill that would make changes to Obamacare is highly unlikely to be brought to the floor this month.
|
|
|
PMAA will hold its Fall Meeting in conjunction with the NACS Show on October 16-17 at the Hilton Chicago. The PMAA meeting will begin with a New Attendee Orientation mid-afternoon on October 17 followed by a Board Briefing. A welcome reception with NACS to State Association Leaders will follow at McCormick Place. On the morning of October 17, there will be a Buffet Breakfast followed by Region and Committee Meetings. The PMAA Board of Directors Meeting is scheduled after the Distinguished Service Award Luncheon sponsored by PMAA's
Corporate Platinum Partner
Federated Insurance. Former Arkansas Association Executive Ann Hines is this year's recipient of PMAA's highest honor.
For all details on Hotel and Travel, please view
here
.
You can find weblinks to PMAA's Fall Meeting at the NACS Show
here
or you can go directly
here
for our event website for all details including registration with secure event payment processing through Cvent. Pre-registration is recommended to expedite your time during the conference, to assist us with our hotel guarantees and to have a name badge ready for you.
Please note that the NACS Show registration is separate from the PMAA Meeting Registration.
We look forward to seeing you in Chicago!
|
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 was: We hired a new employee about a week ago and now she is telling us that she is 4 months pregnant. She did not disclose this during the hiring process. The manager wants to terminate her employment. What are the possible ramifications if we terminate her? It looks as if she was seeking employment for health insurance benefits only. Please click here to read the 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.
|
Local Sales and Use Tax Rates Effective October 1, 2017
|
|
|
|
|
Financing Incentive Makes Achieving EMV at the pump easier!
Over half of all pumps will be EMV ready next year. If you are considering upgrading your pumps to be EMV ready,
PMAA Corporate Gold Partner
Patriot Capital is offering a $2,000 incentive to retailers that upgrade to a Gilbarco Encore 700 S and Passport 'bundle.' This incentive supplements savings of up to $11,000 offered by the manufacturer. Retailers using this program may also be eligible for Section 179 tax depreciation benefits in the 2017 tax year. Equipment must be ordered by November 15, 2017 to qualify for the incentive.
For additional information or to discuss further, please visit Patriot's website or contact Richard Browne, Vice-President of Marketing, at 404.977.1251.
Gilbarco is a PMAA Corporate Silver Partner.
|
Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 |
www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508
|
|
