ARA: FMCSA Continues To Misintrepret HOS Rule

Over the past year, ARA has worked closely with the DOT, USDA, Congress, and other national organizations to ensure the agricultural exemption to the hours of service rule is protected from misinterpretation. On July 9, a letter was sent to the Federal Motor Carrier Safety Administration (FMCSA) asking for a permanent extension of the recently expired 90-day waiver of the hours of service (HOS) rules for transportation of anhydrous ammonia (NH3). The waiver applied to the transportation of NH3 within a 100-mile radius from terminal to retail to farm. The letter, signed by a bipartisan group of 19 U.S. Congressmen, also stressed that the waiver needs to include all farm supplies, as intended by Congress in the 1995 National Highway System Designation Act and reaffirmed in the 2005 Highway bill.

On July 13, ARA was informed that FMCSA was proposing a 2-year extension of the waiver, which only includes the movement of NH3. The proposal was published in the Federal Register July 14 for a comment period of 30 days. After the 30-day comment period, FMCSA will adjust the extension appropriately and issue a final proposal. Although ARA is pleased with the proposed two-year extension, by not including ALL farm supplies we believe FMCSA continues to misinterpret Congressional intent of the agricultural exemption. ARA will submit comments supporting the need to include additional farm supplies and would ask that you send specific comments regarding crucial movement of farm supplies from the DISTRIBUTION POINT to the retail facility. ARA believes that if a clear argument is made for other farm supplies such as UAN, pesticides, propane, etc., we will have a better opportunity to include additional farm supplies into FMCSA’s proposed extension.

The language submitted to the Federal Register by FMCSA explains the strong safety record of agriculture movements utilizing the 100 air-mile ag exemption and the accident-free movement of anhydrous during the 90-day waiver. The proposal also outlines the proposed terms and conditions of the exemption, including the need for all drivers to have a “satisfactory” rating or be “unrated” in order to qualify.

Comments will be due on or before Friday, August 13. It is critical for industry to send in substantive comments as safety and enforcement groups will undoubtedly be submitting comments regarding safety concerns. If you have specific examples of farm supply movements dependent on utilizing the agriculture exemption for transportation from a distribution point to the retail facility, please call 202-457-0825 or email jon@aradc.org by Friday, August 6. If you have questions regarding the proposed extension, please contact ARA.

Leave a Reply

Legislation Stories

Syngenta Sign
Crop InputsSyngenta: Keep Ag In Mind During Election Season
February 10, 2016
As presidential candidates stake out their 2016 election platforms and key priorities, growers and their business partners should seek opportunities Read More
Legvold Farm, Northfield, MN
LegislationASA Notes Progress, Urges EU To Improve Biotech Approval Process
January 29, 2016
The American Soybean Association (ASA) urged the European Commission today to continue its work in addressing delays in the approvals Read More
LegislationARA, TFI: Retailers Urged to Consider PSM Compliance
January 20, 2016
In December, the Occupational Safety and Health Administration (OSHA) issued a revised Interim Enforcement Policy addressing enforcement of Process Safety Read More
United States Capitol Building in Washington D.C.
LegislationCongress Halts OSHA Overreach; Significant Victory For Ag Retailers
December 21, 2015
Congress just put the brakes on the Occupational Safety and Health Administration’s regulatory overreach. On July 22, OSHA released an Read More
Top 100 Articles
Elburn Cooperative
CropLife 100Elburn Cooperative Members Vote To Join CHS
December 28, 2015
With 81% of eligible producers voting, 94% cast an affirmative ballot for Elburn Cooperative, a diversified agricultural retailer based out Read More
West Central Cooperative, Jefferson, IA
CropLife 100Farmers Cooperative-West Central Merger Approved
December 21, 2015
The members of Farmers Cooperative Co. (FC), Ames, IA, and West Central Cooperative, Ralston, IA, have both approved the merger Read More
Wheat Growers Innovation Center, Bath, SD
CropLife 100Wheat Growers Opens Innovation Center
December 21, 2015
Wheat Growers’ commitment in providing its farmer-owners with the latest in technological advancements now has a one-of-a-kind focal point, as Read More
CropLife 100ARA Selects The Andersons As 2015 Retailer Of The Year
December 9, 2015
The Agricultural Retailers Association today named Maumee, OH-based The Andersons as its Retailer of the Year for 2015. The award Read More
CPS Washington Court House John Deere Sprayer
CropLife 100Application Equipment Report: It Is Easy Being Green For Top 100 Ag Retailers
December 5, 2015
On The Muppets television show, Kermit the Frog is famous for singing a song about the troubles he encounters in Read More
Fertilizer Bin
CropLife 100Fertilizer Sales: Another Down Year For Top 100 Ag Retailers
December 4, 2015
In pure number terms, the fertilizer category still dominates all crop inputs/services among CropLife 100 ag retailers. In 2015, for Read More
Latest News
EquipmentCase Unveils 2000 Series Early Riser Planter At NFMS
February 10, 2016
Case IH revealed the all-new 2000 Series Early Riser planter to media and attendees at the opening of the National Read More
Syngenta Sign
Crop InputsSyngenta: Keep Ag In Mind During Election Season
February 10, 2016
As presidential candidates stake out their 2016 election platforms and key priorities, growers and their business partners should seek opportunities Read More
Crop InputsMarrone Bio Innovations Submits New Bio-Fungicide For E…
February 9, 2016
Marrone Bio Innovations, Inc. (MBI) today announced that it has submitted a new biological fungicide (MBI-110) to EPA. The broad spectrum Read More
Crop InputsWeed Expert: Adding A Second Herbicide Not Always Easy
February 9, 2016
In my last post, I reviewed some recent research that suggests one of the best ways to delay the evolution Read More
Crop InputsGenetic Literacy Project: Farmers Need More Herbicide C…
February 9, 2016
There are two things that I think just about every weed scientist can agree on, writes Andrew Kniss for The Read More
HerbicidesWeed Expert Warns North Dakota Growers Of Coming Herbic…
February 9, 2016
Ford Baldwin painted a bleak picture of weed control at a recent workshop here exploring the future of ag production, Read More
HerbicidesWSSA Announces New, Updated Free Web Resources
February 9, 2016
Today the Weed Science Society of American (WSSA) announced that new and updated educational materials for both weed scientists and Read More
Soybean field
FungicidesFour Arysta Fungicide Formulations Given FIFRA Approval…
February 8, 2016
Arysta LifeScience North America recently announced the issuance of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 2(ee) Recommendations for Read More
FungicidesAgri-Fos Systemic Fungicide Plus Receives EPA Registrat…
February 8, 2016
Vivid Life Sciences has announced the EPA registration of Agri-Fos Systemic Fungicide Plus, a highly concentrated active ingredient phosphite fungicide, Read More
Crop InputsBayer Contests EPA’s Decision On Valuable Insecticide F…
February 5, 2016
Crop Science, a division of Bayer, has announced it has refused a request by the Environmental Protection Agency (EPA) to Read More
Wheat Field North Dakota
Seed/BiotechSyngenta Wins Seed Fraud Suit Against South Dakota Grow…
February 5, 2016
Syngenta has obtained a $25,000 settlement from Paul and John Mayclin, Mayclin Farms, Plankinton, SD, in response to their Plant Read More
ManagementOABA Annual Conference Wraps Up In Columbus
February 5, 2016
More than 300 Ohio AgriBusiness Association (OABA) members and industry professionals were on hand to engage in collaborative learning and Read More
Crop InputsBayer To Contest EPA Flubendiamide Decision
February 5, 2016
Crop Science, a division of Bayer, announced today it has refused a request by EPA to voluntarily cancel the uses Read More
Syngenta
Seed/BiotechNot So Fast: ChemChina Syngenta Takeover Could Draw Nat…
February 5, 2016
State-owned China National Chemical Corp. (ChemChina), which plans to buy Swiss seeds and pesticide maker Syngenta, will promptly start preparations Read More
Rendering of Syngenta Seedcare Institute expansion
Seed/BiotechExpansion Of Syngenta’s North America Seedcare In…
February 4, 2016
As demand for seed treatment knowledge and products grows among farmers, retailers and others in the seed industry, Syngenta is Read More
Soybean Field
Industry NewsArysta LifeScience Strengthens Sales Team
February 4, 2016
Arysta LifeScience North America recently announced three new personnel additions: Jake Cook and Peter White are Territory Sales Managers for Read More
Davor Pisk Syngenta COO
Crop InputsSyngenta COO: Why ChemChina Offer Beat Monsanto’s
February 4, 2016
Syngenta Chief Operating Officer Davor Pisk says he is confident the proposed acquisition by ChemChina will ultimately help preserve choice Read More
Young corn plants in soil
Crop InputsKoch Biological Solutions Invests In Pathway Biologic
February 4, 2016
An affiliate of Koch Biological Solutions, LLC has acquired a minority equity position in, and entered into collaboration with, Pathway Read More