OPMCA Connection
Keeping You Informed!


OPMCA Connection keeps you informed and current on regulations from all state and national agencies as well as laws pertaining to the petroleum marketing/c-store industry.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah Fite
Director of Member Services  
Hannah@opmca4you.com

OPMCA  
6420 N. Santa Fe, Suite B
Oklahoma City, OK 73116
Phone: (405) 842-6625 
(800) 256-5013 
Fax: (405) 842-9562
2018-2019 Board of Directors

Tommy Shreffler, Chairman  
 OnCue Marketing, LLC

Jerry Davidson
Pete’s Corporation

Jason Flinn  
Flowers Oil Company

Teresa Hollenbeck
Red Rock Distributing Company

Kurtis Hutchinson
Hutchinson Oil Company

Brian Lohman
ASAP Energy, Inc.

John Netherton
Danielson Fuel Services

Duff Thompson
AVP Metro Petroleum LLC

Rob Toth
Coffeyville Resource
ONLY TWO WEEKS LEFT TO REGISTER!!!!!
With just two weeks until the OPMCA Convention, we want to make sure all OPMCA members are registered and prepared for April 30th, 2019. We encourage all members to register in advance, so we can ensure a successful convention! For any questions, please contact the OPMCA office.
  • Golf Tournament at Rose Creek Golf Club
  • Chairman's Evening at Topgolf
  • Inspirational Breakfast at The Skirvin Hotel
  • Oklahoma Super Trade Show with over 200 exhibitors
We want to remind members, please register your golf teams in advance! If you have registered and requested a foursome, please make sure everyone in the foursome is registered with us as well. Golf pairings are due Thursday, April 25th, so please be sure to get them to us before then!
Monday, April 15, 2019
  • 2019 OPMCA Member Day at the Capitol

  • FMCSA to Add No-Fault Crash Category to Motor Carrier Safety Rating Scores

  • Nationwide Roadside CMV and CDL Driver Inspection Blitz to be Held June 4-6

  • CDL Driver Tips for Surviving a Roadside Inspection

  • Urge Congress to Extend the Biodiesel Blender’s Tax Credit

  • FNS Proposes Expansion of Variety for SNAP

  • GOP Lawmaker Introduces Bill to Raise Tobacco Purchasing Age

  • Hopup Trade Show Booth For Sale

  • Distracted Driving
2019 OPMCA Member Day at the Capitol
Tuesday April 23rd, 2019
9:00 am - 12:00 pm
Nothing you do is more important for your business, your industry and your association. Please join us at the 2019 OPMCA Member Day at the Capitol and register today!

Please join OPMCA as we host a Member Day at the Capitol! We want to get you in front of legislators from your district to create more influence in stopping some of the proposals that are aimed at our industry. We will provide an issue briefing, talking points, and assist in getting you to your legislators.

All OPMCA members - especially Board members, Marketers members, C-store members, Associate members and Partner members - should attend and bring key employees, family members and prospective members. The more bodies walking the Capitol halls, the better!

Lunch will be served and there is no charge to attend OPMCA's Member Day at the Capitol. However, we need to know if you will be attending so that we can order an appropriate number of meals and have your name badge printed and ready for this event.

Make sure to bring plenty of business cards to leave with your elected officials.

If you have any questions, please contact the OPMCA office.
Thank you for actively participating in YOUR Association!
FMCSA to Add No-Fault Crash Category to Motor Carrier Safety Rating Scores
The U.S. DOT's Federal Motor Carrier Safety Administration (FMCSA) is taking action to change the way no-fault accidents are recorded in its carrier safety rating program. The new regulatory action is important to petroleum marketers because it will remove a key data point that can significantly lower safety scores under the Compliance Safety Accountability (CSA) scores metric. Low safety scores can lead to loss of operating authority.

The CSA program, which monitors and records carrier safety data, replaced the former and less obtuse motor carrier safety rating system about 10 years ago. The single biggest complaint against the CSA program since its inception is its failure to take into account fault when scoring commercial motor vehicle crashes. No-fault crashes have been counted against motor carriers regardless of whether the carrier was to blame. This has led to artificially low CSA scores, which can affect everything from carriers' operating authority and enhanced safety monitoring to their legal defenses and insurance rates.

The FMCSA now says it will make permanent the current no-fault data demonstration project that allows truck crashes in which the driver was not at fault to be listed as "not preventable" in CSA program scores. The FMCSA first launched the Crash Preventability Demonstration Project in 2017 as a two-year pilot program. The program currently classifies a crash as "not preventable" on a CSA profile when the carrier is not at fault. However, before that determination can be made, a carrier must submit a request for data review through the agency's DataQs system, attaching documentation that establishes no fault. Currently, there are eight crash categories that can be challenged under the new program.

Prior to no-fault designation on CSA scores, fatal crashes listed on a carrier's safety profile did not contain information on whether the carrier was at fault in the crash. Under the new program, if a crash is found to be not preventable, a carrier's private Crash Indicator Behavioral Analysis Safety Improvement Category, or BASIC, score would be recalculated with the crash omitted. BASIC scores underpin carrier ratings in the CSA program. The FMCSA says that the new no-fault program can be implemented without a formal rulemaking.

Nationwide Roadside CMV and CDL Driver Inspection Blitz to be Held June 4-6
The Commercial Vehicle Safety Alliance’s (CVSA) Roadcheck 2019 nationwide roadside inspection blitz will take place June 4-6. Over the 72-hour period, commercial motor vehicle inspectors in jurisdictions throughout the country will conduct roadside inspections on commercial motor vehicles and drivers.  Although roadside inspections will be thorough and cover many driver and vehicle compliance requirements, special emphasis this year will be on steering and suspension systems. 

During Roadcheck 2019, CVSA-certified inspectors will primarily conduct the North American Level I Inspection, a 37-step procedure that includes an examination of driver operating requirements and vehicle mechanical fitness. Inspectors may opt to conduct the Level II Walk Around Driver/Vehicle Inspection, Level III Driver/Credential/Administrative Inspection or the Level IV Vehicle-Only Inspection. Please click here for all level inspections.    

If no critical vehicle inspection item violations are found during a Level I or Level V Inspection, a CVSA Decal will be applied to the rear impact guard, indicating that the vehicle successfully passed inspection. If a critical vehicle violation is found, the inspector may take the vehicle out of service. This means the vehicle cannot be operated until the violation(s) are corrected.

 A driver can also be placed out of service for driver credential-related issues or driver conditions, such as fatigue or impairment. Out-of-service orders and the number, type and severity of safety violations affect a motor carrier’s Compliance, Safety, Accountability (CSA) score and its Safety Fitness Determination rating.

CDL Driver Tips for Surviving a Roadside Inspection
Roadside inspections are a critical part of the trucking industry. They help ensure that truck drivers are compliant with the laws and are operating safely on the road. It is important drivers are ready for the possibility of a roadside inspection every day. Failing a roadside inspection will result in civil penalties and possible out of service orders. The following tips for drivers stopped for a roadside inspection will help your company avoid unnecessary fines and out of service orders. Click here for more details.

Urge Congress to Extend the Biodiesel Blender’s Tax Credit
Rep. Abby Finkenauer (D-IA) recently introduced bipartisan legislation (H.R. 2089) known as the “Biodiesel Tax Credit Extension Act,” which would extend the biodiesel blender’s tax credit for 2018 and 2019. PMAA supports this important legislation.  

Click here to urge your members of Congress to cosponsor H.R. 2089

FNS Proposes Expansion of Variety for SNAP  
Last week, FNS released a proposal to expand what will qualify as variety as it relates to eligibility requirements for retailers participating in the Supplemental Nutrition Assistance Program (SNAP). These proposed changes would provide retailers with more flexibility in meeting the enhanced stocking requirements under the 2016 final rule “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP).”

Under the 2016 final rule, “variety” was generally defined by product kind or main ingredient in the meat, poultry, or fish staple food category. This meant that chicken, pork, and beef were each considered discrete varieties. This also meant that, under the 2016 final rule, canned chicken and frozen chicken were not each considered discrete varieties. The Department is proposing a change with this rule that would allow any species of meat, poultry, or fish to be counted once as a discrete variety, if perishable, and once as a discrete variety, if shelf-stable. 
 
Under the 2016 final rule, one specific traditional dairy product (cow milk-based cheese) was subdivided into two varieties (i.e., soft cheese and hard/firm cheese) in order to provide more flexibility for stores in meeting the required seven varieties in the dairy staple food category. Now the Department is proposing a change with this rule to allow a store to stock four discrete varieties of cow milk-based cheese (fresh cheese, soft cheese, hard cheese, and cheese product). This change to the definition of “variety” would provide an additional two cheese varieties for each type of animal milk-based cheese in the dairy product’s staple food category.
 
The Department is proposing a change with this rule that would further subdivide the “wheatbased bread” staple food variety by adding the following three discrete staple food varieties: wheat-based Indian flatbread, wheat-based crescent bread, and wheat-based matzah. This subdivision would be mirrored for other grain-based breads such as oats-based breads and ricebased breads. Thus, the proposed change to the definition of “variety” would provide three additional staple food varieties in the bread or cereals products staple food category for each type of grain-based bread.
 
PMAA will review the proposal thoroughly and submit comments prior to the 60-day deadline. In past comments, PMAA has urged FNS to expand the number of eligible varieties.

GOP Lawmaker Introduces Bill to Raise Tobacco Purchasing Age
Last week, Rep. Robert Aderholt (R-AL) introduced legislation to raise the age to purchase tobacco products from 18 to 21 across all states and territories. The bill would also tighten the age verification of online sales of tobacco products.  

The bill was introduced amid FDA’s e-cigarette crackdown on the sale of e-cigarettes and other tobacco products by retailers. Aderholt cited data from the Food and Drug Administration (FDA) that shows 15 to 17-year-olds are getting access to tobacco products from older friends who are legally allowed to purchase them. Meanwhile, Altria, which recently purchased ecigarette company Juul, recently announced its support for raising the tobacco age to 21. 

Meanwhile, PMAA continues to take the FDA e-cig crackdown announcement seriously because it would essentially ban flavored e-cigarette sales in convenience stores. Although, convenience stores would continue to be able to sell tobacco and mint/menthol flavored ecigarette products, they would not be able to sell other flavored products unless minors are prohibited from entering the stores or those products are sold in a separate section of the store that minors are prohibited from accessing. 

Please reach out to your lawmakers and urge them to tell the White House not to ban sales of flavored e-cigarette products at convenience stores. Click here to do so.

Hopup Trade Show Booth For Sale
10' x 30' Hopup straight full height tension fabric display. Simple, versatile and easy to set up display. Hopup 8x3 Straight features a lightweight, durable aluminum frame and a Velcro-applied, straight fabric mural with or without endcaps. Simply attach the graphic, pop (expand) the frame and you have a perfect full height display – no tools are required for assembly!

Click HERE to the full listing and for additional information.
Distracted Driving
Distracted Driving: Reinforcing the Importance of Driving S.A.F.E. 
Tuesday, April 16, 2019 (1 PM CT)
30 minutes | Complimentary | Advance registration required

Distracted Driving Awareness Month occurs each April with companies, large and small, using this as an opportunity to reinforce best practices and driving habits behind the wheel in their businesses. Tragically, our nation’s roadways are seeing significant yearover-year increases in deaths and injuries in recent years. This webinar will discuss resources Federated has available to assist clients in distracted driving training and awareness, reinforce the importance of strong policies and procedures as they pertain to both employer and employee responsibility and introduce new in-cab technology options to monitor and reinforce good employee behaviors behind the wheel. 
WHO SHOULD ATTEND 

  • Risk Managers 

  • Operations Managers

  • HR Professionals

  • Owners/Operators

  • Fleet Managers
WHAT YOU WILL LEARN

  • Tips for combating the distracted driving epidemic 
  • Employer responsibility and employee responsibility
  • Discussion about how to Drive S.A.F.E.R 
  • How to reinforce the message