U.S. DOT Annual Hazmat Registration Due by July 1
The U.S. Department of Transportation’s Pipeline
and Hazardous Materials Safety Administration
(PHMSA) online portal for annual HAZMAT
registration is now accepting registrations for
the 2023-2024 registration period. Registration
renewals must be completed by July 1, 2023.
PHMSA requires both hazardous material
transporters and those who ship hazardous
materials through common carriers to register
and pay a fee each year in return for a
certificate of authority to operate in
intrastate and/or interstate commerce.
Since PHMSA allows multiyear registration,
not all registration certificates are up for
renewal by July 1, 2023. Marketers
should look at their registration certificate
for the date of renewal or search registration
status at PHMSA’s online portal at
registration look-up to
determine whether registration is due for
renewal.
To read the full EMA compliance
bulletin, go
here.
Tired of Delayed IRS Tax Refunds?
EMA Member Service Benefit with IRS-Approved
E-File Company ThinkTrade to Help Streamline IRS
Tax Refunds Webinar: Friday, June 16, 2023,
11:00 a.m. EST
On May 10, the Energy
Marketers of America (EMA) announced an
exclusive member service agreement with
ThinkTrade, an IRS authorized e-filing service
provider and a BBB accredited company with A+
rating, enabling safe and secured filing for
taxpayers. ThinkTrade will grant EMA member
companies a 15 percent discount off ThinkTrade’s
e-filing services through a dedicated landing
page to prepare, file and pay federal excise tax
returns on IRS Forms 720, 8849 and 2290.
With over two decades of experience serving
customers, ThinkTrade has a proven track record
of delivering savings and support to trucking
companies of all types and sizes when filing
federal excise taxes. Energy marketers will also
have access to ThinkTrade’s dedicated 24/7/365
support team, which provides one point of
contact for all e-filing service needs.
EMA President Rob Underwood said, “In these
times of IRS delays in processing paper claims,
I encourage energy marketers to file IRS tax
claims electronically to avoid processing
delays. For the last 20 years, ThinkTrade has
been helping organizations to simplify and
reduce tax filing expenses. We look forward to
growing this new relationship and helping our
membership to reduce spending on filing taxes
required for operations.”
“We are pleased
to be selected as the preferred e-file provider
for Energy Marketers of America and look forward
to helping EMA members streamline their tax
filings and reduce costs,” said Satish
Sivaraman, ThinkTrade’s Head of Operations.
ThinkTrade will host a webinar to assist EMA
members navigate the e-file software on Friday,
June 16 at 11am EST.
CLICK HERE to register for
the June 16 webinar.
For more
information about ThinkTrade and EMA’s landing
page to file taxes, please visit
https://taxexcise.com/ema.
EMA Urges FDA to Publish a List of Electronic Nicotine Delivery Systems to Eliminate Confusion and Uncertainty in the Marketplace
Yesterday, the Energy Marketers of America (EMA)
submitted a citizen petition to the Food and
Drug Administration (FDA) to implore them to
publish a clear and comprehensive list of
electronic nicotine delivery systems (ENDS) to
eliminate confusion and uncertainty in the
marketplace. Although the FDA has provided a
list of products with marketing granted orders
(MDOs) and a list of companies that received
MDOs, those lists have not proven useful to
EMA’s members who need to determine which
products can and cannot be legally sold.
Specifically, EMA requested that the FDA
“publish a list by brand and category of (i)
ENDS and other deemed tobacco products with
tobacco-derived nicotine that were on the market
as of August 8, 2016, and (ii) ENDS and other
deemed tobacco products with nicotine not
derived from tobacco that were on the market as
of April 14, 2022, that indicates whether each
of those products:
-
Has received a marketing
granted order;
-
Has received an MDO that
has been stayed by a court or FDA, rescinded
by FDA, or vacated by a court; and/or
-
Has a timely filed
premarket tobacco product application
(“PMTA”) pending and is not subject to one
of FDA’s enforcement priorities identified
in FDA’s Enforcement Priorities for ENDS
and Other Deemed Products on the Market
Without Premarket Authorization."
“The delays and uncertainty
have a very real impact on the daily lives of
American entrepreneurs including EMA’s member
companies who require predictability and
transparency to operate. EMA’s member companies
and other retailers are well positioned to aid
in the fight against illegal and dangerous
products by keeping them off their shelves, but
the ability to do so requires clear and rational
regulatory framework, with changes communicated
consistently and transparently,” said EMA
President Rob Underwood.
CLICK HERE to read EMA’s Citizen Petition.
FTC Orders Mastercard to Stop Blocking the Use of Competing Debit Card Networks
This week, the Federal Trade Commission (FTC)
ordered Mastercard to cease tactics preventing
retailers from using competing networks to
process certain debit card transactions. The
Durbin Amendment to the 2010 Dodd-Frank law
required banks to enable at least two
unaffiliated networks on every debit card,
giving retailers a choice of which network to
use for a given debit transaction. EMA and its
47 state associations proved critical to getting
the Durbin Amendment over the finish line,
obtaining a first of a kind law guaranteeing a
network choice for retailers. The FTC alleged,
however, that Mastercard violated the law by
inhibiting retailers from using other, less
expensive networks by depriving them of the
customer account information they need to
process debit payments. The order requires
Mastercard to provide the relevant information
to competing networks, and it also bans
Mastercard from taking other actions to inhibit
merchants in making the network choice
guaranteed by the Durbin Amendment.
Congressional Update
What a difference a week makes! Last Friday, it
was not clear that President Biden and Speaker
McCarthy would reach an agreement on a debt
ceiling increase, and it was less clear that
whatever they ultimately produced would have a
chance of getting through Congress. Well, a week
later, the deal was made, written into a bill,
and passed through Congress. It is expected to
be signed as quickly as possible, averting a
U.S. default.
The agreement, which is
being called the Fiscal Responsibility Act
(FRA), has a number of key provisions, but the
most immediately critical is that it suspends,
rather than raises, the debt limit until January
1, 2025. In this way, members of Congress are
not required to vote to raise the debt by
trillions of dollars, instead, kicking the
proverbial can down the road for a future
Congress to resolve. It is also worth noting
that, technically, there is no cap between now
and January 1, 2025. Further, in a major win for
the White House, the next possible lapse would
be after the next presidential election,
averting another possible economic crisis in the
midst of a major political campaign. Most
critical pieces of the deal are limits to
discretionary spending for the next two fiscal
years, with FY 2024 levels set at $886.3 billion
for defense and $703.7 billion for nondefense
spending. In FY 2025, these numbers increase
slightly to $895.2 billion and $710.7 billion,
respectively. Technically, there are also
restrictions on spending after FY 2024,
restricting defense and nondefense to 1 percent
growth for six years. However, the bill only
includes teeth, so to speak, for FY 2024 and
2025. Should Congress appropriate more money in
those two years, this law would trigger a
sequester that would automatically cut the bills
back to these prescribed levels. That mechanism
does not exist in FY 2026 and beyond, so there
is really no consequence if Congress decides to
appropriate additional money at that time.
Interestingly, the bill also includes an
automatic trigger for a continuing resolution
that would kick in at 1 percent below the most
current year, should appropriations bills not be
passed by January 1 of 2024 or 2025.
While the debt limit deal was this week’s main
event, it was not its only event, with the White
House pulling another nominee from contention
for a federal appointment. Like FAA
Administrator-nominee Phil Washington, Ann
Carlson, who had been selected to run the
National Highway Traffic Safety Administration
(NHTSA), ran into a wall of opposition led by
Sen. Ted Cruz (R-TX). Sen. Cruz raised concerns
that Ms. Carlson, who practices environmental
law, would prioritize green initiatives at NHTSA
rather than focusing on traffic safety.
Ultimately, he won over enough votes from the
Senate Commerce Committee (where he is Ranking
Member) to tank her nomination.
Additionally, Congress managed to pass a joint
resolution to block the EPA’s rule that made
changes to federal emissions standards for
trucks. While this is a symbolic, bipartisan
change, the White House has promised it would
veto the measure. The proposal impacts emissions
on heavy-duty trucks starting with the 2027
model year. Unfortunately for the proponents of
this resolution, Congress will not have
sufficient votes to override the President’s
veto.
Finally, the Senate Energy and
Natural Resources (ENR) Committee held a hearing
this week to “Examine the Reliability and
Resiliency of Electric Services in the U.S.”
During the hearing, Jim Robb, President and CEO
of the North American Electric Reliability
Corporation, noted that “[u]nless reliability
and resilience are appropriately prioritized,
current trends indicate the potential for more
frequent and more serious long duration
reliability disruptions, including the
possibility of national consequence events.”
Some of the trends he emphasized were increases
in long-duration bouts of extreme weather. It
goes without saying that energy marketers serve
as one of the last lines of defense when other
sources of power fail, so it’s important that
Congress take these concerns seriously, and
we’ll continue to monitor this situation to see
what types of action are spurred by this
hearing, if any.
Special EMA Members Code for NACS Show 2023 Registration
Registration is now open for the 2023 NACS Show
in Atlanta, Georgia from October 3 – 6.
CLICK HERE to register for the NACS Show and
PLEASE USE THE EMA NACS SHOW REGISTRATION CODE
BELOW.
EMA Registration Code |
EMANS2023 |
Using
this code provides EMA with $100 for every
retailer or jobber paid registration. And to
assist with early registrations, this special
code will extend the Early Bird rate until June
9, 2023, for anyone who uses the code as well as
providing the $100 for anyone registering at any
rate after the Early Bird rate expires. EMA
encourages EMA state execs to promote and share
with your state association’s member companies.
**Please note that EMA State Execs are comped
for NACS Show registration, and this link will
be sent directly to them in the near future.
Additionally, the NACS Show registration is
separate from EMA’s Fall Meeting registration.
Again, the EMA NACS Show Registration Code is:
EMANS2023 and
CLICK HERE for Full Instructions
to register.
Questions registering?
Contact NACS Show registration customer service
at nacs@maritz.com or
469-513-9489,
Monday-Friday, 9:00 a.m. – 5:00 p.m. EST, for
assistance.
Weekend Reads
US meteorologists predict near-normal ’23
Atlantic hurricane season | ICIS
Memorial Day Drivers Get Cheaper Gasoline Prices
Thanks To Flagging Crude | OilPrice.com
Factbox: Permian set for M&A frenzy as cash-rich
producers seek reserve boost | Reuters
PAC Co-Chairs Mike Downs and Tim Keigher are
grateful for the Energy Marketers of America
Small Business Committee (SBC) PAC contributions
from the following individuals during the May
1-31, 2023 time frame:
Alabama:
Chris Mohon
Colorado:
Grier Bailey, Brian Haldorson
Connecticut: Mike Devine, David Foster
Florida: Max Alvarez,
Carlos Arruza Jr.
Idaho:
Brett Adams, Derek Berry, Matt Berry, Dennis
Campo, Tyler Harker, Brad Holland, Justin Kerr,
Jake Searl
Iowa: Donald
Burd, David Carter, Tia Eischeid, Jim Ewing,
Ashley Hartman, Glenn Hasken, Bev Jessen, Ronald
Langston, Doug Matthees, Chad Monty, Donnie
Olson, Dean Wendolek
Kentucky:
Brian Clark, Bob Riley
Michigan:
Mark Griffin
Minnesota:
Kevin Beck, Jay Cattoor, John Derichs, Corey
Freyberg, Deb Gappa, Ryan Gilbertson, Ryan
Harrigan, Mavis Hutt, Bev Jessen, Sara Johnson,
Clay Lambert, Anne Leikam, Dave Leikam, Kirsten
Libby, Doug Matthees, John McNamara, Blake Molo,
Dave Rahn, Al Seckinger, Brad Vining, Tracy
Vining, Holly Werner, Glenn Winter
Mississippi: Calrenease Cook,
Michael Dees, Joshua Dufford, Rex Gillis, Walter
Gresham, Charles Morris, Joe Morris, Stanley
Roberts, Bill Sumrall
Nebraska:
Mark Whitehead
NECSEMA:
Jim Garrett
New York:
Kris DeLair, Cheryl Mirabito, Kristyn
Schweitzer, Brandon Smith
North
Carolina: John Clark, Daniel Erwin
North Dakota: Tom Haahr
Oregon: Gabriel Zirkle
South Carolina: Sam Bell,
Matthew Greene, David Jordan, Donna Shook
Tennessee: Tommy Hunt,
Emily LeRoy
Washington:
Brad Bell, Gerry Ramm
Wisconsin:
Matt Hauser
Wyoming:
Grier Bailey
Federated Insurance Risk Management Academy Webinar
Who Are Your Safest Drivers?: Tuesday, June 20,
2023, 1:00 p.m. Central
Company drivers
today face distractions unlike any in history,
and poor driving behaviors put your company at
risk. We’ll take a look into how you can
recognize and promote safe driving through the
use of our Federated DriveSAFE program.
What you will learn:
-
Why the safety of
your drivers and others is so important to your
business’ success
-
How it takes more than
just a policy to get the message across and
protect your business
-
How to help your
drivers move from good to great
Advanced
registration is required for this 30-minute
webinar.
For additional information or to
discuss this in further detail, please contact
your
Federated regional representative or EMA’s
National Account Executive
Jon Medo at
800.533.0472.
Federated is a Partner in EMA’s Board of
Directors Council.
EMA Member Services Spotlight Featuring: Airgas through National Purchasing Partners
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There are more than 1,100 Airgas locations
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NPP is a member
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