for these types of requests under the provisions in §49 CFR 381 – Waivers, Exemptions, and Pilot Programs, specifically §49 CFR 381.310. In this exemption request, TPI stated the case that sod is in fact an agricultural product and is considered as such by many other federal and state agencies and entities including, but not limited to: the U.S. Department of Agriculture, the U.S. Farm Bill, the Environmental Protection Agency, the Labor department, the Farm Service Agency, the Occupational Safety and Health Act (OSHA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the national association of state departments of agriculture, and others. Te FMCSA published a 30-day public comment period on this exemption request (FMCSA-2019-0093) at
www.regulations.gov that closed on July 19, 2019. It received 47 comments from sod producers, including a formal comment from TPI on behalf of our members. As of October 2019, we are awaiting their decision and if granted, it could provide up to five years of relief from HOS and ELD requirements under the current agricultural commodity exemptions.
Like other agricultural commodities, turfgrass sod is sensitive to temperature or climate and at risk of perishing in transit.
Te second avenue that TPI is working is to respond to the FMCSA’s request for public comment on FMCSA-2018-0348, which was titled “Hours of Service of Drivers; Definition of an Agricultural Commodity.” Tis public comment period closed on September 27, 2019, and received 144 public comments, including one from TPI. In this public comment period, the FMCSA seeks comments, along with relevant quantitative or qualitative data, addressing how FMCSA could define or interpret the term “agricultural commodity” in §49 CFR 395.2 more clearly, while remaining consistent with Congress's intent to provide a limited HOS exemption for CMV drivers who transport agricultural commodities. FMCSA is specifically interested in knowing what else should be added to the definition of “agricultural commodity.”
Te purpose of the definition is to determine which agricultural commodities are eligible for the HOS exemption provided in §49 CFR 395.1(k)(1), which is designed to allow additional driving and working hours for drivers transporting these commodities. Te exemption gets the agricultural commodities to market with fewer delays “during planting and harvesting periods, as determined by each State.” Currently, during harvesting and planting seasons as determined by each State, drivers transporting agricultural commodities, including livestock, are exempt from the HOS requirements from the source of the commodities to a location within a 150-air-mile radius from the source. Tis advanced notice of proposed rule- making (ANPRM) is prompted by indications that the current definition of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies. Te FMCSA has been working with
TPI Turf News November/December 2019
the United States Department of Agriculture (USDA) to clarify the agricultural commodity definition and TPI has been in touch with the USDA as well to make sure that sod producers are represented in any future changes to this definition. Tis process will likely take several months or even more to reach a resolution, and we will keep in close contact with officials at the FMCSA and USDA to stay up to date on its progress.
Te third, and most long-term solution that TPI is pursuing is to work with Congress to pass new legislation through the United States House of Representatives and Senate that would amend the Federal Motor Carrier Safety Act of 1999 with respect to the definition of agricultural commodities. On March 11, 2019, Representative Austin Scott (R-GA) along with Rep. Neal Dunn (R-FL) and Rep. Al Lawson (D-FL) introduced bill H.R. 1673 which is titled “Te Agricultural Trucking Relief Act of 2019.” Tis bill has been referred to the House Committee on Transportation and Infrastructure as well as the Subcommittee on Highway and Transit and would amend the current definition of agricultural commodities to the following:
Section 229(e)(7) of the Motor Carrier Safety Improvement Act of 1999 (§49 USC 3116) is amended to read as follows:
(7) AGRICULTURAL COMMODITY, the term agricultural commodity includes
A. agricultural, aquacultural, horticultural, and floricultural commodities B. fruits; C. vegetables; D. any non-human living animal and the products thereof; and
E. other agricultural products that are i. sensitive to temperature or climate; and ii. at risk of perishing in transit
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