Regulatory Alert
EMA Applauds FMCSA's Deregulatory Initiatives to Streamline Energy Transportation and Reduce Burdens on Small Businesses
EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman
Washington, D.C. - July 29, 2025 - The Energy Marketers of America (EMA) today submitted comments in strong support of multiple regulatory proposals from the Federal Motor Carrier Safety Administration (FMCSA), aimed at reducing unnecessary compliance burdens on the energy and transportation sectors. These initiatives align with the Administration’s broader deregulatory agenda under the Executive Orders “Unleashing American Energy” and “Unleashing Prosperity through Deregulation,” emphasizing the need to eliminate duplicative requirements that do not enhance transportation safety while maximizing efficiencies for the safe, reliable, and affordable delivery of energy liquids.
EMA's comments highlight the
importance of these changes, particularly for small business fuel
marketers who bear a disproportionate share of regulatory costs. By
streamlining outdated rules, FMCSA's proposals could deliver significant
cost savings, paperwork reductions, and operational efficiencies for EMA
members and the broader industry.
Key proposals supported by EMA
include:
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Elimination of CDL Self-Reporting Requirement: Commercial Driver's License (CDL) holders would no longer be required to self-report motor vehicle violations to state agencies, as this process is now redundant following the implementation of a nationwide electronic violation reporting system in 2024.
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Rescission of the Fuel Tank Overfill Design Restriction: Removal of the outdated requirement in 49 C.F.R. 393.67(c) that liquid fuel tanks be manufactured to prevent filling beyond 95 percent of capacity during normal operations. This rule, over 50 years old, fails to account for advancements in modern tank design and technology.
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Addition of an Exception at Railroad Grade Crossings with Warning Devices: Allowing hazardous materials (hazmat) drivers to proceed through railroad grade crossings when warning devices, such as flashing lights or gates, are not activated, recognizing reliable external indicators that signal safe passage.
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Revision of Roadside Inspection Return Process: Eliminating the need for motor carriers and intermodal equipment providers to sign and return completed roadside inspection reports, due to inconsistent state practices and limited review value.
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Removal of ELD User Manual Requirement: Rescinding the mandate for drivers to carry a hard copy of the electronic logging device (ELD) manual in vehicles, acknowledging the unnecessary burden without a corresponding safety benefit.
These proposals represent a
meaningful shift by FMCSA toward more efficient, targeted enforcement,
fostering innovation and growth in the energy transportation sector.“ EMA
welcomes these deregulatory steps to reduce compliance burdens—which
disproportionately impact small business fuel marketers—and unleash safe,
reliable, and affordable transportation of essential energy products,”
said EMA President Rob Underwood.