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 Secure Two Year Hours-of-Service Waiver for Agriculture and Ag Transportation  

 WASHINGTON, DC- In a victory for hard-working farm families, Congressman Blaine Luetkemeyer (MO-9) and Congressman Sam Graves (MO-6) announced that they have successfully helped to secure a two year federal waiver that will ensure the timely delivery of agricultural supplies to farmers across the country. Luetkemeyer and Graves both serve on the House Agriculture Committee.

 After working with U.S. Transportation Secretary Ray LaHood and Federal Motor Carrier Safety Administration Administrator Anne Ferro, Luetkemeyer and Graves, who are both farmers, received word late yesterday afternoon that FMCSA granted a two year waiver from the hours-of-service exemption. Earlier this year they secured a 90 day waiver from the hours-of-service regulations for the 2010 planting season.

 The waiver extends the agricultural operations exemption for a motor carrier in the distribution system provided that the motor carrier is

delivering anhydrous ammonia, none of the transportation movements exceed a 100 air-mile radius, and the motor carrier has a satisfactory safety rating.

 Luetkemeyer and Graves still believe that Congress intended for this agriculture activity to be included when the provision of law was created, but sought the waiver after concerns were raised about the interpretation of the FMCSA hour-of-service exemption for agricultural operations, in particular the delivery of anhydrous ammonia during the planting season. 

             “This is great news for the agriculture community and ensures the timely delivery of farming supplies to our hard-working family farmers,” Luetkemeyer said. “I will continue to fight for a permanent solution to the hours-of-service issue, and will continue to work with Secretary LaHood and the Department of Transportation to address other concerns of farm families and rural America.”

             “I am pleased FMCSA granted this two-year waiver for the transportation of anhydrous ammonia. This is a significant step in the right direction, especially following the 90-day waiver my colleagues and I pushed for and received back in March. Missouri farmers now know they have access to this fertilizer whenever they need it. I believe this waiver successfully balances the need for quick delivery with the requirement that anhydrous ammonia be transported safely. This is major victory for America’s farmers, but I will continue to push for a permanent resolution to this issue,” Graves said.

Released:  October 1, 2010

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 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

Released:  October 2010

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