EMA Welcomes FMCSA's Deregulatory Initiatives to Streamline Energy Transportation

The Energy Marketers of America (EMA) applauds the Federal Motor Carrier Safety Administration (FMCSA) for finalizing a series of deregulatory rules aimed at reducing unnecessary compliance burdens on the energy and transportation sectors. These actions follow EMA's July 2025 comments submitted in strong support of FMCSA's proposals, emphasizing the elimination of duplicative requirements that do not enhance transportation safety while maximizing efficiencies for the safe, reliable, and affordable delivery of energy liquids.

EMA's previously submitted comments highlighted the importance of these changes, particularly for small business fuel marketers who bear a disproportionate share of regulatory costs. Key finalized changes relevant to EMA marketers include:

• 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.
• Rescission of the Fuel Tank Overfill Design Restriction: FMCSA finalized the removal of the longstanding requirement under 49 C.F.R. 393.67(c) that liquid fuel tanks manufactured on or after January 1, 1973, be designed to prevent filling beyond 95 percent of capacity during normal operations. This decades-old requirement was deemed outdated and unnecessary.
• Rear Impact Guard Labeling: FMCSA removed the requirement that rear impact guards be permanently marked or labeled with manufacturer certification, addressing a longstanding industry concern that labels routinely became illegible or wore off over a trailer's service life.
• Auxiliary Fuel Tank Exception: FMCSA finalized an exception to the ban on gravity and siphon feeds for auxiliary pumps with a capacity of 5 gallons or less, provided they are mounted on a trailer and used only when the vehicle is stationary.

FMCSA has stated that eliminating obsolete regulatory verbiage is expected to save the motor carrier industry millions of dollars annually, noting that burdensome trucking regulations led to nearly 25,000 unnecessary violations in 2024 alone.