Petroleum Marketers Association of America
1901 North Ft. Myer Drive - Suite 500
Arlington VA, 22209
Tel: (703) 351-8000  |  info@pmaa.org

PMAA
Regulatory Update

 
Published by:
Petroleum Marketers
Association of America
 
Contact:
Mark S. Morgan, Esq.
email:
mmorganptsa@cox.net

PMAA Regulatory Update - May 5, 2008 [REG-08-16]

 

 

TSA DELAYS COMPLIANCE DEADLINE FOR DRIVER TWIC IDENTIFICATION ENROLLMENT

The Transportation Security Administration (TSA) announced an extension of the final compliance date by which drivers must obtain a Transportation Worker Identification Credential (TWIC) in order to enter certain port facilities located around the country. The TWIC deadline was originally set for September 25, 2008, but has now been pushed back to April 15, 2009. The seven-month extension is required due to a backlog of applications and driver background checks that are waiting to be processed.

TWIC was established in the Maritime Transportation Security Act and the SAFE Port Act to serve as an identification program for all drivers requiring unescorted access to secure areas within a port. The program is on track to complete enrollment for a number of jurisdictions by the end of 2008, and several ports will be required to comply with TWIC regulations this year. Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. Additional compliance dates for select ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement.

Since October 2007, approximately 250,000 personnel have enrolled in the TWIC program at more than 100 fixed enrollment centers and dozens of mobile sites nationwide. Enrollment is currently underway for the ports of Galveston and Freeport, Texas. The TSA is urging drivers to pre-enroll online where they can provide essential biographical information and schedule an in-person interview. Pre-enrollment eliminates delays at enrollment centers and reduces total enrollment time for each driver. Although the compliance date has been extended seven months, workers are encouraged to enroll as soon as possible.

Additional information can be found on the U.S. Coast Guard’s Homeport site, http://homeport.uscg.mil, and on the Transportation Security Administration’s web site at www.tsa.gov/twic.

2008 UCR REGISTRATION LETTERS SENT TO ALL ACTIVE DOT NUMBER HOLDERS

The U.S. Federal Motor Carrier Safety Administration (FMCSA) announced last week that 2008 registration letters for the new federal Unified Carrier Registration (UCR) program should be reaching petroleum marketers any day now. Congress created the UCR in 2005 as part of the five-year federal hazardous material reauthorization bill. The new UCR program replaces the former Single State Registration System that applied only to for-hire interstate motor carriers. The UCR registration letter is being sent to all current U.S. DOT number holders who operate in interstate commerce. Petroleum marketers with commercial vehicles that travel across state lines and either weighs over 10,000 lbs GVW or is required to have a U.S. DOT HAZMAT placard, must register with the UCR by June 1, 2008 and pay a fee based on the number of trucks the fleet.

UCR registration may be done online at http://www.ucr.in.gov/. The following UCR fee schedule applies:

Fleet Size                                                        Fee Per Company

0-2                                                                    $39.00

3-5                                                                    $116.00

21-100                                                              $806.00

101-1000                                                           $3,840.00

In addition, each state has the authority to further expand the UCR registration program to intrastate transporters including for-hire and private petroleum transporters who never cross a state line. Intrastate transporters who must register will receive UCR letters from their state DOT office. The FMCSA is giving a grace period until June 1, 2008 to those interstate transporters who did not register and pay a fee during the abbreviated 2007 registration year. No credential is issued under UCR. Instead, enforcement authorities will look through the federal UCR database to check for compliance.

Marketers who did not receive the 2007 and or 2008 UCR registration forms in the mail should download the registration packet from http://www.ucr.in.gov/. (NOTE: This is an Indiana State government website contracted to operate the federal UCR registration program). To ensure that the registration material is sent to the correct business address, interstate petroleum marketers should check and/or update their motor carrier information in the FMCSA database at www.safer.fmcsa.dot.gov. Petroleum marketers should refer to their registration letters for additional information.

DOT PROPOSES INCREASE IN ANNUAL HAZARDOUS MATERIAL REGISTRATION

The Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA) has proposed to raise annual HAZMAT registration fees. Small business petroleum marketers with transportation operations are currently required to register and pay a $275 fee each year in return for a certificate of registration, a copy of which must be kept in the cab of all vehicles that transport petroleum products. HAZMAT fees are based on business size. Current HAZMAT fees are set at $275 for small businesses and $1,000 for large businesses. PHMSA is proposing to increase the fee that a large business must pay from $1,000 to $3,000 for registration year 2009-2010 and beyond. The fee for small businesses and not-for-profit organizations will remain at $275. Most petroleum marketers qualify for the small business annual fee.

Under the HAZMAT regulations, registrants are allowed to designate the size of their business according to U.S. Small Business Association size categories for purposes of paying the fee. The fee increase is necessary because Congress increased the amount that PHMSA may collect each year in HAZMAT fees from $14 million to $28 million. The fees are used to fund the Hazardous Materials Emergency Preparedness Grants Program that provides money to emergency responders nationwide to develop, improve, and implement emergency plans, train public sector HAZMAT emergency response employees, determine flow patterns of hazmat and determine the need for regional response teams. PMAA will file comments opposing any hike in fees for by petroleum marketers. The proposed rule may be viewed at http://edocket.access.gpo.gov/2008/pdf/E8-9815.pdf.

FACTORS BEHIND HIGH DISTILLATE PRICES MORE COMPLEX THAN GASOLINE

With gasoline and diesel fuel prices continuing to rise at the retail pump, many consumers may be feeling they are taking a bath on fuel expenses. This feeling may be well-placed as a bathtub provides a good analogy for the supply-demand balance that affects petroleum product prices.

Imagine a partially-filled bathtub. Now imagine turning on the faucet, which represents your supply. The drain represents consumption. If the faucet (supply) is adding more water than the drain removes, the water in the tub (inventory) will rise, and vice versa. Changes in stock levels reflect the balance between supply and consumption in any given time period. Consumption is met by refinery production, imports, and stock drawdowns. If consumption is greater than supply, inventories will be drawn down to fill the gap.

Gasoline inventories built to unusually high levels in early 2008, indicate an excess of supply relative to consumption. In the U.S., this excess supply is partially the result of gasoline use declining 0.8 percent in the early months of 2008 (January through the middle of March) over the same time in 2007. While this surplus dampened the price of wholesale gasoline relative to crude oil, resulting in relatively low gasoline margins so far this year, crude prices have risen to record levels driven by tight global oil markets. The surge in crude oil prices has resulted in consumers paying record high gasoline prices.

In recent weeks, gasoline inventories have fallen sharply even though imports have remained relatively steady while demand has increased seasonally. This is mostly due to inventories being used as refiners undergo maintenance and reduce their capacity utilization in the face of low gasoline margins. A contributing factor has been the transition from winter to summer grade gasoline, encouraged by significant price discounts to move winter gasoline out of primary storage to make room for summer grade fuel. This is the typical seasonal pattern, but the drawdown occurred several weeks later than usual this year. While gasoline inventories are currently still in the upper half of the five-year average range for this time of year, refinery margins have increased from very low levels in recent weeks. Even if the gasoline balance as reflected in inventory levels remains in the normal range this summer, high retail prices will continue to be driven largely by tight and expensive crude oil supplies.

Unlike gasoline, distillate has maintained a high price margin relative to crude oil so far this year. While distillate stocks are now near the bottom of the five-year average range, they were near the top of the average range at the beginning of February. So why have distillate wholesale prices been so high relative to crude oil for most of the winter? The answer lies in world distillate markets which have been unusually tight this year, placing extra pressure on U.S. diesel and heating oil prices over and above the high price of crude oil. High exports of distillate in January and February to help meet unusual needs in Latin American and Europe contributed to the drawdown. Yet the weekly distillate stock draws from the beginning of January through the second week in March (nearing the end of the heating season) were actually smaller this year than those in four out of the five previous years. Inventories continued to fall in ensuing weeks, reflecting the continued drain of inventories resulting from persistent winter weather in the Northeast combined with a relatively low inflow of distillate product from domestic refiners.

While weaker U.S. demand growth for distillates may slow the drain on domestic stock levels, strong world demand is expected to maintain tight distillate supply-demand balances, thereby limiting U.S. imports and potentially encouraging more exports. This could slow re-stocking ahead of the 2008-2009 winter season, as well. Hence, distillate prices may remain high due to both high crude oil prices and high wholesale prices relative to crude oil
.

FROM THE ENERGY INFORMATION ADMINISTRATION

U.S. Average Gasoline Prices - For the fifth consecutive week, the U.S. average retail price for regular gasoline moved higher, reaching yet another all-time high price of 360.3 cents per gallon. The average price has spiked 21.4 cents since April 14. On a regional basis, while prices increased throughout the country, they did so at a somewhat slower pace than was the case during the previous week. The largest increase occurred on the East Coast where the average price jumped by 11.7 cents to 360.1 cents per gallon. This was the only region of the country to experience an increase greater than ten cents. The price in the Midwest increased 9.8 cents to 356.8 cents per gallon up by 64.3 cents from a year earlier. The average price in the Gulf Coast was up 9.4 cents to 350.5 cents per gallon. The average price in the Rocky Mountains, the lowest of any region, rose to 347.8 cents per gallon up 6.2 cents from the previous week. Once again, the West Coast average price increased the least of any region moving up by 5.2 cents to 378.6 cents per gallon. Nonetheless, despite the relatively small increase, the average price was the highest of any region. The average price in California increased by 4.6 cents to hit 389.2 cents per gallon.

U.S. Average Diesel Fuel Prices - For the third week in a row, the U.S. average diesel price reached a new record high increasing 3.4 cents to 417.7 cents per gallon, 136.6 cents above a year ago. Although prices moved higher in all major regions, the pace of the increase slowed rising by 3.4 cents. East Coast prices increased 2.3 cents to 423.0 cents per gallon tallying the smallest increase for any of the five principal regions but still 143 cents above last year. (Prices were unchanged in New England, increased by 0.6 cent in the Central Atlantic and grew by 3.1 cents in the Lower Atlantic.) In the Midwest, the price moved up 3.5 cents to 413.3 cents per gallon. The price in the Gulf Coast increased 3.6 cents to 411.3 cents per gallon remaining the lowest of any region. The price in the Rocky Mountains moved up by 3 cents to 414.1 cents per gallon, 115.3 cents higher than a year earlier. On the West Coast, the average price went up the most of any region increasing by 5.7 cents to 431.2 cents per gallon, 136 cents higher than last year. In California, the average price increased by 7.3 cents to 439.0 cents per gallon.

 
   

PMAA Home Page

 

© 2008. All Rights Reserved. PETROLEUM MARKETERS ASSOCIATION OF AMERICA