Energy Marketers of America weekly update on important national industry news

August 23, 2024

FMCSA Warns Motor Carriers of Aggressive New Email Scam Involving U.S. DOT Numbers

The Federal Motor Carrier Safety Administration (FMCSA) issued a warning this week about fraudulent emails being sent by entities pretending to be officials of FMCSA. The emails are being sent to U.S. DOT number holders. The email includes a fake facsimile of the recipient’s “expired” U.S. DOT number certificate and demand for money in exchange for continuing operating authority. This is a new, aggressive scheme where the visual design, English spelling, and FMCSA government officials' positions are not accurate. DO NOT respond or provide information to the senders.

What You Can Do:

• Do not click any suspicious links, hover over them to see the real email address or URL of that link. Click ONLY on links you deem trustworthy.
• Visit the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency for more guidance on online deceiving tactics. Learn more about phishing.
• The Federal Trade Commission (FTC) recommends following certain procedures for email verification.
• File a complaint with the Federal Bureau of Investigations (FBI) by using their IC3 site.
• Reach out to the FMCSA Contact Center or call (1-800-832-5660) if you are the target of these practices.

Learn more about this email scam here.

Federal Judge Tosses FTC's “Non-Competes” Final Rule

On Tuesday, Judge Ada Brown of the U.S. District Court for the Northern District of Texas ruled that the Federal Trade Commission (FTC) lacks legal authority to implement its “non-competes” rule. As the Small Business Legislative Council (SBLC) previously alerted (EMA is a contributing member) on April 23, 2024, the FTC voted 3-2 along political party lines to approve a new rule that essentially banned all non-competes for employees and independent contractors.

A tax firm, Ryan LLC, sued to block the rule in April. The U.S. Chamber of Commerce later joined the case as a plaintiff, as did the Business Roundtable, and two other business groups. Judge Brown concluded that the FTC exceeded its statutory authority in promulgating the rule and that the rule itself was arbitrary and capricious. Therefore, the rule is considered unlawful and, for the moment, is now set aside (i.e., not enforceable). Victoria Graham, an FTC spokeswoman, said that the FTC would “keep fighting to stop non-competes that restrict the economic liberty of hardworking Americans.” Ms. Graham is further reported to have said that the FTC is “seriously considering a potential appeal, and today’s decision does not prevent the FTC from addressing non-competes through case-by-case enforcement actions.” This does leave open the possibility of further review by higher courts.

But, for now, there is a reprieve, and the rule is not enforceable.

USDA Accepting Applications for Higher Blend Infrastructure Grants; Announces 160 New Grant Recipients

The United Stated Department of Agriculture (USDA) announced it is continuing to accept applications for its Higher Blend Infrastructure Incentive Program (HBIIB) for energy marketers. In addition the agency announced that USDA is funding 160 projects in 26 states to expand access to clean energy systems and increase the availability of domestic biofuels. HBIIP seeks to increase the availability of higher blends of ethanol and biodiesel derived from U.S. agricultural products by sharing the costs to build and retrofit biofuel-related infrastructure. Grants cover up to 75% or $5 million of total project costs to help facilities convert to higher-blend fuels. The fuels must be greater than 10% for ethanol and greater than 5% for biodiesel.

The $450 million in new funds are made on a quarterly calendar basis starting July 1. Each quarter the USDA is making available $90 million to support a variety of fueling operations:

• Approximately $67.5 million will be made available to transportation fueling facilities, including fueling stations; convenience stores; larger retail stores that also sell fuel; and transportation, freight, rail and marine fleet facilities.
• Approximately $18 million will be available to fuel distribution facilities, including terminal operations, depots and midstream operations.
• Up to $4.5 million will be made available to home heating oil distribution facilities.

There will be five application windows for HBIIP between July 1, 2023, and September 30, 2024. A sixth application window will be opened if funding has not been exhausted. USDA continues to accept HBIIP applications until September 30, 2024 at 4:30 p.m. ET. For more information, go to the HBIIP webpage.

Outside the Beltway: All Eyes on the Windy City

With fewer than 75 days remaining until the election, Vice President Harris and former President Trump are fiercely competing to win over undecided voters in critical swing states.

As the 2024 Democratic National Convention (DNC) unfolds, the Harris-Walz campaign is tackling complex, high-stakes issues that will determine who will occupy the White House in January 2025. From energy policies to tax disputes, the DNC highlights the Democrats' strategy to appeal to working-class voters while preparing for a showdown with Republicans on some of the most contentious issues in American politics.

Despite the Democrats' increasing hostility toward the oil and gas industry, fossil fuel leaders have made their presence known at the DNC. Even as progressive activists and lawmakers criticize these companies, industry representatives see opportunities to keep oil and gas issues on the agenda, regardless of the next administration. Vice President Harris’ recent shift to support hydraulic fracturing is seen by some as an acknowledgment of the continued significance of fossil fuels in U.S. energy policy.

Still, the emphasis on green energy policies remains clear among the Democratic leadership. Vice presidential nominee Tim Walz, who is popular with climate activists for his strong environmental record as Minnesota's governor, took a different approach in his DNC speech. Rather than focusing on climate change, Walz leaned into his rural roots and working-class values. Introduced by Senator Amy Klobuchar as someone who could "take on the price of gas and change your tire," Walz emphasized his background as a teacher, veteran, and small-town native, leaving out his environmental activism.

Looking ahead, one of the first significant challenges for the next president, whether Kamala Harris or Donald Trump, will be the impending expiration of key tax provisions from Trump’s 2017 tax cuts. Set to expire at the end of 2025, these cuts include basic rates for individuals and families, the doubled Child Tax Credit, and reductions in estate taxes. Both candidates have made taxes a central theme in their campaigns. Trump is pushing to extend all expiring provisions and has proposed further cuts, including eliminating taxes on tips and Social Security income. Harris, in contrast, is focused on taxing the wealthy, expanding the Child Tax Credit, and has even embraced Trump’s idea of not taxing tips.

The outcome of this tax debate will have far-reaching consequences. For Democrats, traditionally seen as weaker on tax issues, this is an opportunity to go on the offensive, bolstered by polling that suggests Trump’s tax cuts were never widely popular. However, implementing Harris’ proposals will be challenging, especially if Democrats do not control both Congress and the White House.

As the election race intensifies, these issues will be at the forefront, shaping the debate and ultimately determining the country’s future direction.

EMA’s October 6-7 Fall Meeting at the NACS Show 2024: Website and Registration Open!

EMA will hold its Fall Meeting in conjunction with the NACS Show on October 6-7 at the Encore at Wynn Las Vegas. The EMA meeting will begin with a New Attendee Orientation/Federal Legislative Update mid-afternoon on October 6. The NACS/EMA Reception Salute to State Association Executives (all EMA members are welcome) will follow at the Las Vegas Convention Center in the Hunter Club Lounge. On the morning of October 7, there will be a Buffet Breakfast followed by Region and Committee Meetings. The EMA Board of Directors meeting is scheduled after the Distinguished Service Award Luncheon honoring Spirit® Petroleum President and former Washington State Marketer Gerry Ramm exclusively sponsored by EMA Board of Directors Council Partner Federated Insurance.

A final reminder invitation was sent to your inbox on August 20. Registration deadline is September 3, 2024 at 12:00PM Eastern.   Responding to the links on the invitation email is the recommended way to register or decline.  

Please note that our room block is sold out! Members have access to all other hotels with availability in the block. If the general block has rooms, you will continue to see those options.
  

Remember, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Special EMA Members Code for NACS Show 2024 Registration

The NACS Show is returning to Las Vegas this October, and deadlines are approaching.

Using this code provides EMA with $100 for every retailer or jobber paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association’s member companies. Please see attached flyer.

**Please note that EMA State Execs are comped for NACS Show registration, and this link was sent out on August 12. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Again, the EMA NACS Show Registration Code is: EMANS2024 and CLICK HERE for full instructions to register.

Questions registering for NACS Show? 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.

Cash, Cash, Cash & More Cash: MDF Raffle Being Held During EMA’s Fall Meeting at the NACS Show

Get your EMA Marketer Defense Fund (MDF) raffle tickets now for a chance to win $1,000 in cash. The EMA MDF will hold a raffle during the Las Vegas, Nevada October 6-7 conference. The raffle winner will be identified on October 7 and does not have to be present to win. If you are not attending the conference, you will be notified the week following the October drawing if you are the $1,000 “richer” raffle winner.

The proceeds of the raffle will benefit the EMA MDF. The EMA Marketers established the MDF to assure that the industry’s best interests are represented on the legislative and regulatory front. This fund has already effectively defeated regulatory initiatives such as proposed requirements to place the point of compliance for fuel quality at the retailer, to force a 10-micron diesel filter mandate as well as a costly wetlines retrofit and automatic temperature compensation (ATC) at retail.

A marketer can make corporate contributions by check or credit card to this program and there is no limit on the amount of contribution. All the money is used to support EMA lobbying goals. You can donate online by clicking here or by scanning the QR code on the flyer.

Tickets are $25 each or five for $100. Advanced tickets are available until October 4. Ticket sales will continue at the Energy Marketers of America’s conference in Las Vegas until the drawing on October 7. Tickets can be purchased with personal or corporate funds by MasterCard, VISA, American Express, cash or check (checks should be made out to the Energy Marketers of America Marketer Defense Fund). To purchase tickets before October 5, please email completed MDF Raffle flyer to Sabrina Pitcher.

FEMA and SBA Offer Small Business Disaster Continuity Session

The Federal Emergency Management Administration (FEMA) and the Small Business Administration (SBA) are hosting a Disaster Readiness: Small Business Continuity session on September 24, 2024 from 1:00 p.m. - 2:30 p.m. EDT. The session is aimed at sharing critical information and resources for small businesses to successfully navigate disaster recovery situations, develop continuity plans, and build resiliency before, during, and after disasters.

Click Here to Register via Zoom for Continuity Planning: Building Disaster Continuity Plans for your Small Business. After registering, you will receive a confirmation email with instructions and a calendar reminder for joining the Session. If you have questions you would like to submit for the session in advance, please email: OB3I@fema.dhs.gov.

Weekend Reads

The Electric Vehicle Transition That Isn’t

Trump says he may end EV tax credit; is open to naming Elon Musk as an adviser | Reuters

Oil giant Halliburton reportedly hit by cloud-based cyberattack | Cyber News

Reminder: California’s High Gas Prices are Because of Bad Policy | American Energy Alliance

Federated Insurance: It’s Your Life
Have You Started Planning for Your Digital Estate?
Your online accounts and subscriptions — from banking to social media accounts — make up your digital estate. Although estate planning conversations typically focus on assets like cash, securities, or real estate, you shouldn’t forget to plan for your digital estate too. Without planning, these accounts, and the important information they may hold, can easily be lost.

If something should happen to you, does anyone have access to your digital accounts? For example, the family pictures or videos you may have saved to the cloud could be lost if something happens to you and these accounts are inaccessible to your family members or loved ones.

Please click here to read about Federated’s planning for the future of your digital estate.

Please always feel free to contact your Federated regional representative or EMA’s new National Account Executive Patrick Cunningham at 507.455.8935 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2024 Federated Mutual Insurance Company