ARA: Waiver To HOS Rule Falls Short

On March 18, 2010, the Agricultural Retailers Association (ARA) was informed by DOT’s Federal Motor Carrier Safety Administration (FMCSA) that the hours of service (HOS) rule for transporting anhydrous ammonia would be waived for the 2010 planting season. ARA received feedback from industry leaders praising the waiver, but felt it fell short having only excluded anhydrous ammonia from the HOS rule, leaving out other crucial farm supplies. ARA and several other national trade organizations (TFI, NCFC, AFTC) continue to work closely with Congressmen Blaine Luetkemeyer (R-MO) and Sam Graves (R-MO), trying to convince FMCSA that their narrow interpretation is contrary to the legislative history and Congressional intent as well as long-standing industry practice. Earlier this week, Congressmen Luetkemeyer and Graves sent a letter to Administrator Ferro requesting a follow-up meeting and help to permanently extend the waiver while allowing all farm supplies to fall under the exemption. A negative decision by FMCSA would adversely impact the delivery of farm supplies as this year’s summer and fall applications begin.

In the past several months, ARA has met with representatives from FMCSA, USDA and Congressional Members and their staff to inform them of the importance and urgency of the misinterpretation of the exemption. With the support of nearly a dozen Members of Congress, the office of USDA Secretary Vilsak and communication and understanding from Secretary LaHood, ARA was able to get a 90-day waiver from the HOS exemption rules, beginning March 22. In DOT’s letter to Congressman Blaine Luetkemeyer (R-MO) they stated that “Our recent re-examination of the issue has made it clear that the exclusive emphasis of the Agency’s guidance on deliveries from local retailers to the ultimate farm consumer may not reflect economic reality.”

This 90-day waiver only applied to carriers delivering anhydrous ammonia, with the original interpretation of the exemption still applying to other input products. ARA commends DOT for making this decision to allow for movement of anhydrous ammonia from terminal to retailer during the 2010 planting season, but continues to recommend that transportation of all farm supplies from the terminal to the retailer should be exempted under the current rule. We will continue to work with DOT to get movement of all farm supplies along the supply chain exempt from the HOS rule during planting and harvest season, as Congress originally intended.

To access the letter from FMCSA Administrator Anne Ferro to Congressman Luetkemeyer, as well as other correspondence on the issue, click here. If you have questions on the ag exemption to the HOS rule or on the DOT waiver please contact ARA at 202-457-0825 or email [email protected].

Leave a Reply

Latest News
Young Corn Field
StewardshipStudy: Ohio Farmers Doing ‘A Good Job Of Managing…
September 27, 2016
Leaders from Ohio’s largest grain farming organizations announced today that Ohio farmers are doing their part in effectively managing phosphorus Read More
Crop InputsLake Erie HAB Update: Phosphorus Soil Level Reduction G…
September 27, 2016
Leaders from Ohio’s largest grain farming organizations announced today that Ohio farmers are doing their part in effectively managing phosphorus Read More
Growmark FS Outlet
Industry NewsGROWMARK To Purchase Suncor’s Share Of UPI
September 26, 2016
GROWMARK and Suncor have reached an agreement in which GROWMARK will purchase Suncor’s 50% interest in UPI, Inc. in Ontario, Read More
Corn Field
Eric SfiligojFacing Ag Industry Challenges
September 26, 2016
At the 2016 annual Mid America CropLife Association (MACA) meeting in September, a pair of crop protection company representatives discussed Read More
Syngenta Seedcare Institute
Seed/BiotechSyngenta Opens New North America Seedcare Institute In …
September 23, 2016
Syngenta unveiled its new Seedcare Institute in Stanton, MN, during a recent grand opening celebration. More than 150 industry leaders, Read More
StewardshipMonsanto Invests $1.6 Million In System To Quantify Gre…
September 23, 2016
The USDA – Natural Resources Conservation Service (USDA-NRCS) recently awarded the National Corn Growers Association (NCGA) and its Soil Health Read More
Pipe rack
LegislationCourt Sides With Ag Retailers On PSM
September 23, 2016
The D.C. Court of Appeals has ruled the Occupational Safety and Health Administration violated the Occupational Safety and Health Act when Read More
ManagementPacific Coast Fertilizer Announces Interest In Longview…
September 22, 2016
Pacific Coast Fertilizer LP (PCF) announced at the Cowlitz Economic Development Council board of directors meeting its interest in developing Read More
Young corn plants in soil
UncategorizedCool Planet Raises Additional $9 Million To Commerciali…
September 22, 2016
Cool Planet has announced the first close of a new financing round to commercialize the company’s Cool Terra Engineered Biocarbon Read More
Crop InputsJim Loar Promoted To President And CEO Of Cool Planet
September 22, 2016
In a move that reflects and reinforces the company’s commitment to the agricultural market, the Cool Planet board of directors Read More
BlendersNorth Dakota Coop Debuts Dry Fertilizer Plant
September 22, 2016
North Central Grain Cooperative has begun operations at a new dry fertilizer plant at its Rolla, ND, site. It is Read More
Crop InputsMonsanto, Bayer Officials Defend Proposed $66 Billion M…
September 21, 2016
Top officials for Monsanto and Bayer defended their proposed $66 billion merger before skeptical senators on Tuesday, insisting that the Read More
ManagementUpcoming Shows & Recent Events
September 19, 2016
Editors Paul Schrimpf and Eric Sfiligoj talk about upcoming trade shows and events and review the Mid America CropLife Association Read More
Industry NewsVerdesian Life Sciences Appoints New CEO
September 19, 2016
Verdesian Life Sciences, a plant health and nutrition company, today announced that its board of directors has named Kenneth M. Avery Read More
Corn
Crop InputsEPA Settles With Syngenta For Alleged Multi-Regional Pe…
September 19, 2016
The U.S. EPA has announced a multi-region settlement with Syngenta Crop Protection, LLC (Syngenta) in Greensboro, NC, for alleged violations of Read More
ManagementMerger Mania
September 16, 2016
Editors Paul Schrimpf and Eric Sfiligoj discuss this week’s mega-ag mergers of Bayer and Monsanto and Potash and Agrium. Read More
Monsanto sign
Crop InputsMonsanto Ends Up Being A Bargain For Bayer
September 16, 2016
History will say Bayer got a bargain in its $66 billion purchase of Monsanto, writes David Nicklaus, St. Louis Post-Dispatch. The Read More
Greg Musson, Gar Tootelian
CropLife 100California Ag Retailer Steps Up To Feed Families Affect…
September 16, 2016
GAR Tootelian, Inc. (GAR) in Reedley, CA, is challenging the Central Valley to help raise enough money and provide 525,000 meals Read More