What the End of the Government Shutdown Means for Grain, Feed, Processing Industries

Transcription

1 Volume 65, No. 20, Oct. 18, 2013 ngfa.org Inside This Issue 1 Government Shutdown Ends 5 Congress Moves Forward on Farm Bill 9 EPA RFS Leak 9 CME Group Requests Industry Input 10 NGFA Urges FDA Comment Period Expansion 11 MF Global Funds What the End of the Government Shutdown Means for Grain, Feed, Processing Industries The 17-day-old government shutdown has come to a close. In the early morning hours of Oct. 17, President Obama signed the bill that originated as a deal struck by Senate Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky. Later that day, federal employees were back on the job. Information is provided below to help wade through the deal, and what it means in terms of resumption of services for the grain, feed and processing industry. 12 Committee Apprentices Announced 13 CEC Program 14 Free Webinar Attachment: Default judgments published this week: Case No Cargill Inc. (Minneapolis, Minn.) v. Logan Van Klootwyk (Knoxville, Iowa) - 10/17/ $174, Case No CHS (St. Paul, Minn.) v. Darin Seifert (Dumont, Minn.) - 10/17/ $107, These and all NGFA Arbitration committee decisions and default judgments are accessible at ngfa.org/decisions. What was the deal that was struck that allowed the government to get back up and running and avoid the debt-limit default? A: Despite the efforts by many of the most conservative Republicans to force particular changes or outright defunding of Obamacare through the government shutdown, the deal does not include any significant changes to the President s signature health care legislation. For many Democrats, the goal was to fund the government and raise the debt-limit on the federal government s ability to borrow money until well into 2014, if not through all of the 2014 fiscal year. But that did not happen either. In the end, the agreed-upon deal will fund the federal government through Jan. 15, 2014, and will raise the borrowing limit through Feb. 7, The bill also sets up another round of budget negotiations that must be hammered out by Dec. 13. The bill also will deliver back pay to federal workers who were furloughed by the shutdown. There is one Obamacare-related component to the legislation that requires a study of income verification for people seeking healthinsurance subsidies, a small victory for Obamacare opponents.

2 PAGE 2 NGFA NEWSLETTER When will U.S. Department of Agriculture (USDA) statistical reports resume? A: USDA announced the cancellation of the National Agricultural Statistics Service s (NASS s) Production and Cotton Ginnings reports and the World Agricultural Outlook Board s World Agricultural Supply and Demand Estimates (WASDE) that were scheduled for Oct. 11. The next scheduled release for these reports is Nov. 8. Additionally, NASS s Crop Progress reports scheduled Oct. 7 and Oct. 15 are cancelled. NASS s Cattle on Feed and Peanut Prices reports scheduled for October 18th are postponed. The resumption of the daily and weekly export sales reports was unknown at the time of publication for this newsletter. Now that furloughed Congressional staff members are back on the job, what will be on top of the legislative agenda? A: Congressional sources are saying the Water Resources Reform and Development Act (WRRDA) will come to the House floor next week. That s the bill that would authorize but currently not fund renovation of inland waterway locks and provide for dredging at harbors and ports. It also appears Secretary of Agriculture Tom Vilsack may go before the Senate Agriculture Committee to discuss biofuels, a hearing that had been planned for earlier in October until the shutdown occurred. When will USDA s Farm Service Agency (FSA) county offices be fully operational to remove liens on two-party checks to farmers and perform other duties? A: FSA county offices opened no Oct 17, and officials told the NGFA that they will be fully operational by Monday (Oct. 21) at the latest. FSA said ramp-up time is needed to get computer and other operating systems back on line and functioning before marketing assistance loan transactions can be processed. All county offices were closed during the government shutdown, with only 70 employees retained about 1/2 percent of its work force. How long will it take USDA to clear the backlog of emergency and temporary storage applications? What if I need to expedite approval for my facility given harvest volumes? A: FSA s Kansas City Commodity Office (KCCO) told the NGFA that as of Oct. 1, when the federal government shutdown began, it had about 95 million bushels of emergency storage (ground pile) applications pending. They project that number probably doubled

3 NGFA NEWSLETTER PAGE 3 during the two-week shutdown. FSA is putting a high priority on processing emergency storage applications, and told the NGFA it hopes to review and complete all pending applications within a week. In fact, when it became clear on Oct. 16 that legislation to reopen the federal government would be enacted, FSA authorized two KCCO employees to return to work before the official reopening of the government to begin work processing emergency storage applications. USDA s emergency and temporary storage rules apply to federally licensed warehouses operating under the U.S. Warehouse Act. For state-licensed warehouses, including those holding Uniform Grain and Rice Storage Agreement (UGRSA) contracts with USDA, it is the state licensing authority (if one exists) that determines whether and under what conditions facilities are allowed to use emergency and temporary storage. Importantly, federal warehouse operators needing expedited action on their emergency storage applications because their permanent storage capacity is nearing full utilization may contact Tim Mehl, chief of the Warehouse License and Examination Division at FSA s KCCO at timothy.mehl@kcc.usda.gov. In the request, indicate the date you anticipate needing to utilize emergency storage so your request may be prioritized. Otherwise, emergency storage applications are being handled on a firstcome, first-served basis. FSA said it is giving priority to reviewing emergency storage applications over temporary storage applications. Routine requests for emergency or temporary storage should be sent to: Larry Cahow at the FSA Licensing Branch at larry.cahow@kcc.usda.gov or by fax to FSA reports that as of Sept. 30, it had approved applications for million bushels of emergency storage and 510 million bushels of temporary storage thus far for the 2013 harvest season. It is important to stress that FSA requires pre-approval of emergency and temporary storage before such space is actually utilized under the warehouse operator s license. Otherwise, on a warehouse examination, the warehouse operator is not credited for grain stored in such unauthorized space when calculating its storage obligations, and must have sufficient company-owned grain on hand to cover those obligations. More details on rules governing emergency and temporary storage were published in the Sept. 6 edition of the NGFA Newsletter.

4 PAGE 4 NGFA NEWSLETTER What Food and Drug Administration (FDA) proposed regulations were in the cue when the government shutdown occurred? What s the timing for FDA issuing those rules? A: For NGFA members, probably the most important FDA regulatory proposal that was pending at the time the government shut down were the proposed rules implementing the animal feed and pet food provisions of the Food Safety Modernization Act (FSMA). FDA officials told NGFA that they anticipate the proposed feed/pet food rules will be issued within a week, and will be open for comment for 120 days. Separately, the NGFA on Oct. 14 submitted a request to FDA to extend the comment period on two other FSMA-related proposed rules important to the grain, feed and processing industries. Those involve FDA s rules requiring importers to verify the safety of products imported from foreign suppliers and the procedures FDA will use to accredit thirdparties to verify the safety of imported products. NGFA requested that the current Nov. 26 comment deadline on those two rules be extended so that they end 120 days after the date of publication of the animal feed/pet food proposed rules so the suite of all three FSMA-related rules can be considered as a whole. (See related article on page 10). Why are there reports that say the debt-limit and federal spending deal included money for the inland waterways? A: The legislation did not include a new spending measure for inland waterways. The U.S. Army Corp of Engineers is running up against its spending cap to continue work on the Olmsted dam project on the Ohio River. Some members of Congress apparently were concerned the WRRDA legislation referenced previously would not be finalized before the Corps hits the spending cap, thereby shutting down the Olmsted project. So language was included to increase the cap and allow the Corps to continue work on this particular project. Is the 15 working day requirement for an informal conference suspended facilities for receiving citations from the Occupational Safety and Health Administration (OSHA) because of the shutdown? If the company decides to pay and abate within the abatement dates, does the 15-day payment requirement apply? A: When OSHA issues a citation to an employer, it also offers the employer an opportunity for an informal conference to discuss the citation, subsequent penalty and potential settlement. If you had an informal conference scheduled with OSHA during the government shutdown, it should not be a problem to reschedule this event since timing of the conference is flexible.

5 NGFA NEWSLETTER PAGE 5 However, employers must submit the "Notice to Contest" an OSHA citation within 15 working days of the date the citation was issued by sending a written notice to the Area Director. If the "Notice of Contest" deadline occurred during the shutdown, it is suggested that your attorney send a formal letter to OSHA expressing the general assumption that all deadlines are extended by the length of the shutdown. Due to the shutdown and subsequent delay in response time as the government reopening, it may be difficult to get immediate confirmation either verbally or in writing from the Area Director. Were crop insurance claims affected by the shutdown? A: In most cases, crop insurance companies continued processing claims and issuing indemnities to producers during the shutdown. The end of the shutdown will allow crop insurance companies to seek reimbursement from the Federal Crop Insurance Corporation. What is the status of conservation reserve program (CRP) payments and direct payments? A: CRP and direct payments were scheduled for release during the first week of October. The Farm Service Agency plans to issue the payments as soon as they are able. Note: direct payments will be reduced by 5 percent to account for sequestration, but CRP payments are exempt. Congress Moves Forward on Farm Bill By Jared Hill, Director Legislative Affairs Both the House and Senate finally have announced their respective conference committees for the farm bill, and now those appointed members are tasked with ironing out the differences between the bills. NGFA reported the Senate conferees earlier, while House recently announced its conferees. For the majority, they are: House Agriculture Committee Chairman Frank Lucas, R-Okla., Steve King, R-Iowa, Michael Conaway, R-Texas, Glenn Thompson, R-Pa., Austin Scott, R-Ga., Rick Crawford, R-Ark., Randy Neugebauer, R-Texas,

6 PAGE 6 NGFA NEWSLETTER Upcoming Events Dec Jan. 21 Feb. 5 March 26 Country Elevator Conference & Trade Show Hyatt Regency St. Louis at the Arch St. Louis, Mo. Regional Safety Seminar With the Nebraska Grain and Feed Grand Island, Neb. Regional Safety Seminar With the Oklahoma and Texas Grain and Feed Associations Oklahoma City Regional Safety Seminar With North Dakota Grain and Feed Fargo, N.D. March 30-April 1, 2014 NGFA Annual Convention Westin Hilton Head Resort, Hilton Head, S.C. Mike Rogers, R-Ala., Martha Roby, R-Ala., Kristi Noem, R-S.D., Jeff Denham, R-Calif., Rodney Davis, R-Ill., Ed Royce, R-Calif, Tom Marino, R-Pa., House Ways & Means Committee Chairman Dave Camp, R-Mich., Sam Johnson, R-Texas, and Steve Southerland, R-Fla. The conferees for the minority are: Collin Peterson, D-Minn.; Mike McIntyre, D-N.C.; Jim Costa, D-Calif.; Tim Walz, D-Minn.; Kurt Schrader, D-Ore.; Jim McGovern, D-Mass.; Suzan DelBene, D-Wash.; Eliot Engel, D-N.Y. House Ways & Means Ranking member Committee Sander Levin, D-Mich. Gloria Negrete McLeod, D-Calif.; and Filemon Vela, D-Texas. (Royce, Engel and Marino were named for provisions of the bill for which the House Foreign Affairs Committee shares jurisdiction. And Camp, Levin and Johnson were named for portions of the bill under the Ways and Means Committee.) Moving Forward This week, Agriculture Committee leaders, Lucas, Peterson, and Senate Chairwoman Debbie Stabenow, D-Mich., and Ranking Member Thad Cochran, R-Miss., gathered to discuss the outline of the conference committee. According to reports, they instructed their staffs to continue working on the commodity title, which has vast differences between the House and Senate approach to the farm safety net. In addition, according to congressional sources, it is likely the full conference committee will conduct its first official meeting sometime before Nov. 1 depending on the congressional calendar. When the conference committee does meet, there will be plenty of differences to sort out between the two chambers. For example: target

7 NGFA NEWSLETTER PAGE 7 prices, dairy programs, payment limitations, Conservation Reserve Program (CRP), and disaster and nutrition programs. Commodity Programs/Target Prices As mentioned previously, the commodity title varies greatly between the two bills. On one hand, there are members such as Stabenow and Roberts who have been adamantly opposed to high fixed target prices being tied to actual plantings. In fact, Roberts has expressed his belief that having high fixed target prices is akin to turning the clock back 30 years in farm policy. But the House target price program will have many supporters in the conference. In what will likely amount to a regional battle over how to shape the farm safety net, Lucas has many southern members from both chambers who likely will support him on the target price issue. One wild card in the fight over how to shape the commodity title could be the inclusion in the conference committee of Camp and Levin from Ways and Means Committee, who are in charge of international trade policy in the House. If Chairman Camp and Ranking Member Levin make a strong push to keep farm programs compliant with the United States World Trade Organization (WTO) commitments, it could present a real challenge for supporters tying commodity programs to actual plantings, as those types of programs have a long history of raising WTO concerns. Dairy Programs For Peterson, a primary focus will undoubtedly be on getting the dairy program he has spent so much time working on over the last two years. Ironically, the program he wants is in the Senate version, not the House, which stripped his program when it was considered on the floor. He will be working with his allies on the Senate side, such as Leahy, to implement supply controls in the dairy program. Payment Limitations As for payment limitations, when the House agreed to go to conference it also passed a nonbinding resolution urging its conferees to support adjusted gross income limitations on crop insurance premium subsidies, limitations that are contained in the Senate bill. Rep. Paul Ryan, R-Wis., sponsored the resolution, and Sen. Richard Durbin, D-Ill., advanced the Senate language. However, neither are conferees, so it remains to be seen whether any of the conferees will champion the cause for this provision, which Lucas and Conaway staunchly oppose.

8 PAGE 8 NGFA NEWSLETTER Conservation Reserve Program NGFA was pleased to see Rep. Roby on the list of conferees. Roby led the charge in the House on getting the CRP acreage cap reduced to 24 million acres. NGFA is continuing to work with Roby and other members to advance CRP reforms, which will allow the program to serve the important function of protecting sensitive land while curbing the incentivisation of idling land that is well-suited for crop production. Disaster Program Another issue that certainly will move to the forefront as farmers and other stakeholders wait for a farm bill to be passed will be the livestock disaster assistance program. With the recent blizzard in South Dakota killing somewhere between 20,000 and 30,000 cattle, getting a robust and effective livestock disaster assistance program will almost certainly be a hot topic for members such as Noem. Nutrition Programs Then there is the issue many expect to be the toughest of all for conferees to navigate -- nutrition programs. The Senate bill cuts $4 billion from the food stamp program while the House bill cuts $39 billion. The challenge for the conferees will be to find the right balance between the Senate and House savings numbers, but still result in a final farm bill that can pass both chambers. Rep. Marcia Fudge of Ohio, who is the top Democrat on the House Agriculture subcommittee on nutrition programs, has been an outspoken critic of the nutrition program cuts in the House bill and certainly will work with Senate Democrats to try to limit the cuts to food stamps. On the other side of the issue, the fact that House Republican leadership placed Southerland on the conference committee shows just how big of a priority it is for them to push for more meaningful cuts than what the Senate has proposed. Southerland sponsored a food stamp reform amendment (requiring recipients to either be looking for work or be undergoing education toward attaining a job) that House Democrats blame for the failure of the farm bill on the House floor earlier this summer. It is quite possible that even if the conference committee can find some middle ground on food stamp cuts, it may not be acceptable to the rest of their congressional colleagues, and cause the farm bill to stall yet again.

9 NGFA NEWSLETTER PAGE 9 EPA Leak Regarding Renewable Fuels Standard Could Have Impact on Corn Market By Jared Hill, Director Legislative Affairs The Environmental Protection Agency (EPA) is coming under fire for leaked information that suggests the agency may not only lower the overall biofuels mandate under the Renewable Fuels Standard (RFS) for 2014, but also may lower the amount of corn-based ethanol refiners are required to blend as a part of the mandate. The mandate requires billion gallons of renewable fuel use in 2014, 14.4 billion of which can be corn-based ethanol. The information leaked from EPA reveals the agency is contemplating the use of a waiver to lower the mandated level to billion gallons of renewable fuels, 13 billion gallons of which is allowed to be corn-based ethanol. The leak has already spurred calls for investigations by biofuel groups and members of Congress. In response, the EPA has issued a statement saying the leaked information is only a draft proposal and no final determinations have been made regarding the mandate numbers for CME Group Requests Industry Input on Changes to Variable Daily Price Limits By Todd Kemp, Vice President of Marketing & Treasurer During a monthly conference call with members of the NGFA Risk Management Committee, CME Group participants divulged that they are exploring a potential change in the way daily price limits are determined on CBOT grain and oilseed futures contracts. CME is requesting industry feedback before making a decision on the change, and NGFA-member firms are invited to provide comments on the concept. The new price-limit methodology would reset daily price limits twice annually: once on the first trading day in May and again on the first trading day in November. Price limits would be determined by a percentage of the relevant commodity value during a 45-day observation period prior to the adjustment date. If settlement occurred at the new limit during the six-month period, the price limit would be expanded by 50 percent on the next trading day and remain at the expanded limit until no listed contracts settle at the expanded limit compared to the current system that raises the limit by 50 percent following a limit-up or limit-

10 PAGE 10 NGFA NEWSLETTER down move, followed by a second 50 percent increase if the market closes limit up/down. One noteworthy feature of the proposal is that it would allow price limits to rise or fall in response to underlying commodity values. For more information, see a CME Group one-pager that summarizes the variable daily price limit concept. Please direct reactions to Randy Shao at renyuan.shao@cmegroup.com, or send comments to Todd Kemp at the NGFA at tkemp@ngfa.org for forwarding to CME. NGFA Urges FDA to Extend Comment Periods on Food/Feed Safety Rules By Randy Gordon, President The NGFA has urged the Food and Drug Administration (FDA) to extend the comment periods on two sets of proposed rules issued by the agency to implement significant portions of the Food Safety Modernization Act (FSMA). The NGFA did so because the agency still has not issued proposed regulations implementing the animal feed and pet food provisions of the law, whose requirements are expected to be closely linked and interrelated to the other two rulemakings for which the comment period extension was sought. The two proposed rules, both of which were issued on July 26 with a comment deadline of Nov. 26, involve: Requiring firms to implement foreign supplier verification programs for imported products. Under FDA s proposal, U.S. importers would be responsible establishing programs to verify that their foreign suppliers produce food, feed and feed ingredients in a manner that meets U.S. product safety requirements. Generally, importers would be required to have a safety plan for imported products, including identifying hazards associated with each product that are reasonably likely to occur. As part of the plan, importers would be required to conduct activities that provide adequate assurances that these identified hazards are being controlled adequately by their foreign suppliers. Accreditation of third-party auditors. Under this proposed rule, the agency would establish a program to recognize third-party accreditation bodies. Such accreditation bodies, in turn, would accredit third-party auditors and/or certification bodies that would perform audits and issue

11 NGFA NEWSLETTER PAGE 11 certifications to eligible foreign facilities. Generally, importers would not be required to obtain certifications for foreign facilities/foods. However, certifications could be used by FDA to determine whether to admit certain imported products that it believes pose a safety risk. In addition, FDA has indicated it will use such certifications when determining whether an importer is eligible to participate in a voluntary fee-based program the Voluntary Qualified Importer Program (VQIP) to expedite review and entry of such products. FDA s proposed rule would set eligibility requirements for entities to be recognized as accreditation bodies, as well as for accredited third-party auditors (including standards for legal authority, competency and capacity, impartiality/objectivity, quality assurance and recordkeeping). The NGFA urged FDA to extend the comment periods on the two proposed rules for 120 days after publication of the animal feed and pet food proposed rule. The ability of the NGFA and other stakeholders to provide constructive, relevant and well-reasoned comments on these two proposed rules will be enhanced greatly if adequate time and opportunity is provided to review and analyze the still-pending animal food proposed rules, as well as the complex interrelationships between the two, the NGFA wrote in its request to FDA. The NGFA also justified the request by noting that the comment period on the animal feed and pet food rules likely will coincide with the Thanksgiving and winter holidays. MF Global Customers May Soon Receive 100 percent of Funds By Todd Kemp, Vice President of Marketing & Treasurer Two years following its insolvency, former customers of failed futures commission merchant (FCM) MF Global finally look to be close to recovering 100 percent of their funds. Currently, most U.S. customers have received about 98 percent of their theoretically safe, segregated funds through distributions from the MF Global trustee, with MF Global customers who traded on foreign exchanges having received about 74 percent of their funds. An Oct. 2 motion by trustee James Giddens requested that a bankruptcy judge return the remaining funds from the general estate of MF Global Holdings Inc., parent company of the FCM. The court could rule on the motion as soon as Oct. 31, the two-year anniversary of the firm s bankruptcy, potentially setting the stage for final distributions to customers soon thereafter.

12 PAGE 12 NGFA NEWSLETTER Civil charges pending by the Commodity Futures Trading Commission (CFTC) against former MF Global CEO Jon Corzine and Edith O Brien, an assistant treasurer at the firm, are ongoing and not affected by Giddens recent bankruptcy court filing. Shortly following the MF Global implosion, the NGFA established a task force to make recommendations that would help ensure such blatant misuse of segregated customer funds never recurred and to enhance customer rights. That work continues through the association s Customer Protection Task Force and changes recommended as Congress moves toward reauthorizing the CFTC. For more information, read the NGFA s policy proposals earlier this year to the Senate Agriculture Committee. First Committee Apprentice Class Named By Todd Kemp, Vice President of Marketing & Treasurer As recommended in the NGFA Long-Range Plan adopted in 2012, the association has implemented a new committee apprenticeship program. The program is designed to develop future industry leaders and bolster the cadre of newer NGFA-member employees engaged in the organization s policy-making structure. By invitation of NGFA Chairman David Hoogmoed, the following apprentices will be asked to begin their committee service: Country Elevator Committee: Erin Limes Lampe, The Andersons Inc., Kearney, Neb.; and Zach Nosbisch, Innovative Ag Services, Monticello, Iowa; Feed Manufacturing & Technology Committee: Trey Arkoosh, Wilbur Ellis, Vancouver, Wash.; International Trade/Agricultural Policy Committee: Daniel Carmichael, Maplehurst Farms Inc., Rochelle, Ill.; Rail Shipper/Receiver Committee: John Grassley, CHS Inc., Inver Grove Heights, Minn.; Risk Management Committee: Patrick Coyle, Nidera US LLC, Chicago; Safety, Health & Environmental Quality Committee: Zach Krug, Nidera US LLC, Milwaukee, Wis.; Trade Rules Committee: Cory Workman, The Andersons Inc., Union City, Tenn.; and Waterborne Commerce Committee: Matt Dvorak, Louis Dreyfus Commodities, Kansas City, Mo.

13 NGFA NEWSLETTER PAGE 13 The non-voting apprentices will participate fully in all committee meetings and discussions, and special events will be conducted for the class at major NGFA conferences. Apprentices will serve one-year terms with the possibility of extending for a second year depending on committee needs. For more information about the apprenticeship program, see an earlier newsletter article, NGFA to Unveil Leadership Development Program. NGFA Unveils CEC Program; Register by Nov. 8 for $50 Savings By Rebecca Grubbs, Director of Meetings and Event Marketing Dec marks NGFA s 42 nd annual Country Elevator Conference & Trade Show (CEC). This year the event will be held at the Hyatt Regency St. Louis at the Arch or the Gateway to the West, a popular site for this meeting of the year for country elevator managers and their key employees. Registration for the conference, which is open to members only, is available online. To take advantage of early bird rates, register by Nov. 8 for the reduced rate of $435 per person. NGFA s annual CEC is the single largest gathering of country elevator personnel. Each year, more than 500 industry members attend the day-and-a-half conference and trade show. Speakers address hot industry topics and represent top government agencies and agricultural companies. In addition, the trade show continues to thrive and all of the booths are sold out positioning this year s conference to become one of the most dynamic in recent years. Recently, NGFA unveiled the conference agenda, which includes: Farm Bill: Patrick Westhoff, Director, Food and Agricultural Policy Research Institute Biofuels: Marty Ruikka, Principal, The ProExporter Network Economic Outlook: Terry Barr, Senior Director, Knowledge Exchange Group, CoBank Grain Quality: Robert Marlow, Regional Operations Manager, The Andersons Crop Insurance: Brandon Willis, Administrator, Risk Management Agency USDA

14 PAGE 14 NGFA NEWSLETTER Sustainability: Fred Luckey, Chairman, Field to Market -- The Alliance for Sustainable Agriculture OSHA HazCom: A workshop on training employees on changes to OSHA Hazard Communication Standard (available to all registrants at no additional charge) For additional information, see the full agenda or check out the web page ngfa.org/cec13. Members-Only Conference Registration for this conference is limited to NGFA members only. If you are not yet a member and would like more information, contact Todd Kemp at Sponsorship Opportunities Available Sponsorship opportunities still are available. Contact NGFA Meetings and Event Marketing Director Rebecca Grubbs for information at NGFA, Grain Journal to Host Free Webinar on OSHA's Enforcement of Boot Pits By Jess McCluer, Director of Safety and Health NGFA and Grain Journal on Oct. 22 from 2-3 p.m. central time will host a free webinar on the Occupational Safety and Health Administration s (OSHA) enforcement of boot pits as confined spaces. Registration is required. Based on numerous OSHA citations reported by NGFA members across the country, it appeared that boot pits were becoming the new" area of OSHA enforcement focus, particularly in some regions where grain handling facilities are part of the agency s local emphasis enforcement program. As a result, NGFA took a proactive approach by developing appropriate guidance tool for grain handlers describing permit required confined spaces (PRCS) under OSHA standards. The guidance document provides an overview of the requirements to determine if a boot pit is considered a confined space or PRCS under OSHA standard and other OSHA documents. NGFA retained Melissa Bailey, who will lead the webinar, to work with the Safety, Health and Environmental Quality Committee to assist in developing the material

15 NGFA NEWSLETTER PAGE 15 for the document. In addition to reviewing the procedures for assessing if a boot pit is a PRSC, Bailey will review frequently asked questions, compliance directives and letters of interpretation related to the issue. About the speaker Bailey is managing shareholder of the Washington, DC office of Ogletree Deakins and focuses her practice on occupational safety and health issues. She litigates OSHA cases before federal and state agencies and courts. She also represents employers during government inspections and investigations. Bailey regularly represents clients, including grain handling facilities, before OSHA in connection with rulemaking and policy formation.