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December 2018ND Propane Gas AssociationOSHA Releases Final Crane RuleNPGA Develops Fact Sheet to AssistThe National Propane Gas Association in consultation with legal counsel analyzed the final rulefor the Cranes and Derricks in Construction regulation by the U.S. Department of Labor'sOccupational Safety and Health Administration (OSHA). Following a preliminary review of the206-page rule, NPGA developed a fact sheet to assist industry members.In the final rule published in the Federal Register on November 9, OSHA states, "Propane fieldtechnician operators would fall under the crane rule in only one very specific and limitedscenario: installation of new tanks (not replacement of existing tanks in kind) at aconstruction site." OSHA also indicates that construction sites include those in residentialareas. The compliance deadline for third-party crane operator certification is December 9.Crane Rule Webinar December 18Your Association has set up a webinar: Tuesday, December 18 at 1:30 CentralThis will be a question and answer call. Please review the fact sheet. Write down allquestions you have regarding the OSHA crane rule and how it may affect your business.Sarah J. Reboli, Esq., Director, Regulatory Affairs for NPGA will answer all your questions.To register, CLICK HEREDon’t Lose Your Customers to the CompetitionSign Up for a Google Business Listing TodayTake Advantage of Google’s Free Tool to Help Customers Find YouWhen the new propane.com website launches early next year, PERC will transition from the Find aPropane Retailer tool to Google search results. So, consumers will be able to find you only if you’vesigned up for a Google My Business listing.Looking for propane? People are using Google to find local businesses in their area to get theproducts they need. That’s why we’re encouraging all propane retailers to sign up for aGoogle My Business listing now. It not only helps customers find you, but also includes waysfor you to manage promotions across locations, see and respond to customer reviews, andmore.Listen to the podcast to learn the steps to sign up and the perks available to you once you do.
NDPGAExecutive CommitteePresidentDale BeckDakota Plains AgVice-PresidentLyle StevensHorizon ResourcesSecretary/TreasurerJim RenkeSouthwest GrainState DirectorKen KraftNDPGABoard of DirectorsValued NDPGA Members:Darin AdolphsenLPG & NH3 Inc.The old saying it’s beginning to look a lot like Christmas doesn’t reallyapply to much of North Dakota in December 2018. Thank goodness it felt alittle bit like Christmas for most of October and November as the propaneindustry got a little head start on the fueling season with much coolertemperatures during that time period. In fact, I heard on the radio one daythe months of October and November recorded the most days withtemperatures below average in our state’s history. Let’s hope Santa stuffssome stockings with some frigid temps as Christmas draws near.Lee FittererFitterer Oil & GasDarrin JohnsonNorthdale Oil, Inc.Steve KetterlingFarmers Union Oilof Southern ValleyDan ErbesFEI IncJoe FouhyFarmers Union - BeulahDave WalthGray OilJason BehmBehm EnterprisesSteve BlenkerAmerigasStaffExecutive DirectorMike RudOffice ManagerMary NagelND Propane Gas Association1014 E Central AvenueBismarck, ND 58501Phone:701-223-3370Page 2It appears the state has survived the largest portion of the crop drying seasonin relatively good shape supply wise. I know there was some concernvoiced by members about the need for an Hours of Service Waiver duringthe harvest season. I can assure you NDPGA was monitoring the situationvery closely. In fact, I was in touch with the Governor’s office and some ofhis administration about 2 times a week when we were on vacation, keepinga close eye on developments as the drying season swung into high gear.More importantly, I was in close contact with many of you, the folks onfront line in the delivery process. I appreciate all your first-hand accounts ofthe propane supply status throughout the grain drying season. Of course, Iwill continue to rely on all your input should a much needed and prolongedcold snap set in across the state in the coming months.The Hours of Service waiver discussion is not only a hot topic in ND, butacross the nation. It’s become a major point of discussion at many NationalPropane Gas Association meetings as well. Every section of the countrygrapples with when is it the right time to seek and HOS waiver. To that end,NPGA in conjunction with several federal transportation offices, havedeveloped what I think are some pretty sound guidelines for determiningwhen a HOS waiver is warranted. I have attached them below for yourreview. HOS Waiver GuidelinesPropane Exceptional Energy
While a regional HOS waiver has becomemuch easier to attain under the TrumpAdministration, we can never take for grantedthe importance of these waivers inEMERGENCY SITUATIONS. That’s whywe have to be diligent in our approach toobtaining one under real serious conditionsonly. If we get nonchalant about the need forthese waivers, we could cast a black cloudover the industry by making it appear as if weexpect a HOS at the drop of a hat. Everyonein this industry must do everything in theirpower to make sure your operations are doingall it can to alleviate supply and transportationconcerns. I know given the state of the transportation/driver market that’s not an easy lift. However, Ithink the one thing every supplier and marketer must consider is additional storage. We saw a greatincrease in storage capacity after the December 2013-2014 fall and winter propane crisis that touched halfthe nation. Your commitments to more storage or maybe an additional transport have helped greatly. Asthe annual bushels being harvested continue to increase these equipment upgrades on your end becomeeven more invaluable in easing supply concerns. Thank you for all you’ve done and continue to do tosupport the industry.The 2019 session is just a few weeks away.NDPGA will remain vigilant as bills withpotential impact to the state’s propane industryare brought forward. As always, theAssociation office will be counting on NDPGAmembers to reach out to legislators in yourrespective districts if needed relating to anybills tied to the industry.On behalf of Mary and myself, I would like totake this time to wish you and yours a veryMerry and Blessed Christmas and a HappyNew Year!Keep the flame lit!! Go Bison!!December 2018Page 3
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New Guidance: Hours of Service WaiversNPGA engaged the National Association of State Energy Officials (NASEO) to update the November2014 edition of the guidance on emergencies and Hours of Service waivers. NPGA identified the needto clarify points of confusion regarding regional waivers by the Federal Motor Carrier SafetyAdministration (FMCSA) as well as provide state officials more information on what constitutes anemergency to justify a declaration and Hours of Service waiver. The guidance was reviewed byFMCSA for accuracy.Highlights of the November 2018 NASEO Guidance include: Announcing prospective declarations and HOS waivers; Clarifying that FMCSA regional waivers apply to intrastate and interstate drivers; Clarifying the variety of emergencies that may justify a declaration and HOS waiver, such ascold or wet weather, natural disasters, railway or terminal interruptions, etc.; Providing state officials with sample questions to consider when assessing the need for adeclaration and HOS waiver.Publication of the updated guidance is timely as we enter the heating season. The guidance documentwas published by NASEO on November 21, 2018 and is available on NPGA's Member Dashboard.Please direct any questions or concerns to Sarah Reboli, Director of Regulatory Affairs.Page 5
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DOT Regulatory Rollback:FMCSA Adds Propane to Short-haul Exemption to 30-MinuteRest Break RequirementThe Federal Motor Carrier Safety Administration(FMCSA) has amended its Hours of Service regulationsto include propane among the fuels that are excludedfrom the requirement to observe a 30-minute restbreak when a driver unexpectedly exceeds therequirements of the short-haul criteria, which arespecified in 49 CFR 395.1(e).While short-haul drivers are already exempt from the30-minute rest break requirement, a recent exemptionrequest from the National Tank Truck Carriers (NTTC)was granted by FMCSA for those circumstances where adriver may briefly exceed the short-haul criteria, andthus, be required to take the 30-minute rest break after8 consecutive hours of time on-duty (49 C.F.R. 395.3).The exemption granted by FMCSA to NTTC initially onlyapplied to the transportation of petroleum fuels such asgasoline, diesel fuel and fuel oil.In September 2017, during the public review of NTTC'sexemption request, NPGA argued that if the exemptionto the 30-minute rest break requirement were granted,it should also apply to propane short-haul operations.In April 2018, FMCSA granted the exemption, but didnot include propane. After months of engagement,NPGA secured the correction notice to include propanein the exemption from the 30-minute rest breakrequirement.The exemption is in effect from April 9, 2018 to April10, 2023. Drivers must keep a copy of the exemptionnotice in the vehicle. The exemption notice is availableonline here. Please direct any questions or concernsto Sarah Reboli, Director of Regulatory Affairs.Propane Meets America’s Top Energy NeedsNo surprises here; space heating and water heating were the top two energy consumers in U.S. homes in2015, according to the latest survey by the U.S. Energy Information Administration. However, it meansthat these appliances continue to offer significant gallon growth potential for our industry, especially whenpropane tankless water heaters can save homeowners nearly 200 per year compared to electricunits.SurveyConvert more residential customers to propane.Page 7
69th Annual ND Propane Gas AssociationMeeting & ConventionTuesday, June 25 Mountain TimeRough Riders Hotel1:00 – 5:00 Propane Cylinder Requalification301 3rd Avenue5:00 pm NDPGA Board MeetingMedora, ND 58645www.medora.comWednesday, June 268:00 CETP Bobtail Delivery Refresher TrainingMock depositions in the propane industryLodging:11:30 Awards Lunch – Sponsored by Solar Gas1. Call 1-800-633-6721 (1-800-MEDORA-1)2. Ask for Reservations.1:00 State Fire Marshal Douglas NelsonPrompt the reservationist with your group code 66042:00 AutoGas 12 Month Demand and Revenue CaptureTo ensure that your group members will be able to reservewithin your block, they need to reserve rooms before thecutoff date – May 253:30 General Membership MeetingBoard of Directors ElectionNorth Dakota Association UpdateNational Propane Gas Association UpdateRough Riders Hotel 209Badlands Motel 159 plus tax5:30 Social & Dinner Rough Riders Hotel Patio7:30 Medora MusicalThursday, June 277:00 am GolfPage 8Propane Exceptional Energy
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ND Propane Gas Association OSHA Releases Final Crane Rule . increase in storage capacity after the December 2013-2014 fall and winter propane crisis that touched half the nation. Your commitments to more storage
