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[8/13/2010]

 AG EXEMPTION FMCSA PROPOSED NOTICE

ANHRDROUS AMMONIA

 By

Fletcher R. Hall

The Federal Motor Carrier Safety Administration, on July 14, 2010 announced in the Federal Register (Volume 75, Number 134), page 40776, the Proposed Terms and Conditions of the agricultural Hours of Service Exemption for the transportation of anhydrous ammonia.  

 The FMCSA proposes a two-year, limited exemption from the requirements of 49 CFR part 395 concerning the HOS requirements for drivers of property-carrying vehicles engaged in the distribution of anhydrous ammonia during the relevant planting and harvesting seasons. This limited exemption would extend the agricultural operations exemption from the Federal HOS regulations to drivers used by motor carriers in the distribution system, provided that: (1) The driver is delivering anhydrous ammonia; (2) none of the transportation movements within the distribution chain exceeds a 100 air-mile radius--whether from the retail or wholesale distribution point; and (3) the motor carrier using the driver has a ``satisfactory'' safety rating or is "unrated;'' drivers for motor carriers with ``conditional'' or ``unsatisfactory'' safety ratings are prohibited from taking advantage of the exemption.

 The exemption would allow drivers for ``unrated'' motor carriers and those with a satisfactory safety rating to use the HOS exemption when the drivers are delivering anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point.

 The Federal Motor Carrier Safety Administration will accept public comments on this proposed notice until Friday, August 13, 2020.

 It is essential that companies and organizations, engaged in commercial agricultural transportation, send your comments to FMCSA, prior to August 13, 2010. The docket number is: Docket NumberFMCSA-2010-0230.

 The 2 year waiver would be effective upon publication in the Federal Register and would be valid for up to two years unless revoked earlier by FMCSA."

 The Agriculture Education Group has been working, for over a year, to get FMCSA to address this matter, prior to and following, their earlier action this year. to provide a  90 day “waiver” for the transportation of anhydrous ammonia during the 2010 spring planting season. The AEG will file comments with FMCSA is this matter. For more information of the AEG Group visit www.agexemption.com

 Questions regarding this issue should be addressed to Fletcher R. Hall at 301-765-0273 of fletcher@frhallassociates.com

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[7/14/09]

Agricultural Education Coalition Launches Website

The Agricultural Education Coalition, a Washington based commercial agricultural transportation group has announced the launch if the Coalition’s website, www.agexemption.org, according to David Schroyer, Chairman of the Coalition and President of Schroyer, Incorporated, in Celina, Ohio

The Agricultural Education Group mission is the preservation and protection of the agricultural exemption to the federal hours of service rules, currently found in existing federal law,  for truck drivers who are transporting agricultural commodities and farm supplies, during the planting and harvesting seasons, as determined by the various states.

“The website was launched to provide accurate, timely information on the agricultural exemption, which is essential to the agriculture and food processing industries, as well as American consumers,” stated Fletcher R. Hall, President of F.R. Hall Associates and a consultant to the Agricultural Education Coalition.

Since its initial enactment in 1995, and enhancement in 2005, in the federal highway reauthorization bill, “the agricultural exemption has been instrumental in ensuring that agricultural commodities and farm supplies move from farm to fork in a timely, efficient and safe manner”, Hall continued.  From the tomato harvest in California to the blueberry harvest in New England, agriculture depends of effective truck transportation as absolutely necessary to ensure just-in-time deliveries to food processors, in a safe environment. Over 95 percent of produce in the United States is transported by truck daily.

Given that food safety and security is now a national priority, as evidenced by the recent approval of the Food Safety Enhancement Act of 2009, by a Sub-Committee of the House Energy and Commerce Committee, the agricultural exemption for the transportation of agricultural commodities and farm supplies becomes even more critical in the food chain distribution system.

For more information on the agricultural exemption, see the AEG website at www.agexemption.org