trailer << /Size 190 /Info 149 0 R /Root 156 0 R /Prev 110176 /ID[<58dd5d762772dcb25aca33e4ecb1d0af><58dd5d762772dcb25aca33e4ecb1d0af>] >> startxref 0 %%EOF 156 0 obj << /Type /Catalog /Pages 151 0 R /Outlines 115 0 R /OpenAction [ 157 0 R /XYZ null null null ] /PageMode /UseNone >> endobj 188 0 obj << /S 436 /O 508 /Filter /FlateDecode /Length 189 0 R >> stream 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 0000005673 00000 n 13506 ( a ) (6) Animal fats Butter Canned fruits and vegetables Carnauba wax as imported in slabs or chunks Cattle, slaughtered Charcoal Cheese Coal Cocoa beans Coffee, beans, roasted, or instant Copra meal Cotton yarn Cottonseed cake or meal Diatomaceous earth Dinners, frozen 0000005889 00000 n Our deep knowledge of federal and state agencies is built on a strong foundation of 70+ years of regulatory compliance experience. 1471], as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals. Interstate Commerce Commission abolished by section 101 of Pub. But since we're talking land transportation, that actually works out to 172.5 miles for a truck (an air mile is equal to about 1.15 land mile). Not necessarily. Learn more about our story. Exemptions, We help ensure safe, respectful workplaces, job sites and highways. Mark Schedler - DOT Sr. Editor - J. J. Keller & Associates, Inc. With the Encompass Fleet Management Platform, you can track drivers hours of service for every log type electronic logs, paper logs, exempt logs, and time cards always in accordance with DOT regulations. An elevator where grain is collected and dried may be a new "source," again assuming that the grain is not milled or similarly processed at the elevator.". HOS, So they return home each day to the families who love them. "While a 'source' could be strictly interpreted as a farm or a ranch, it also could be a place where agricultural commodities are aggregated and loaded such as a sale barn or a grain elevator or some other intermediate loading and storage facility where that agricultural product is then loaded onto a truck and transported," DeLorenzo said. Note: The guidance below only applies to the transportation of agricultural commodities in 395.1(k)(1) and does not apply to farm supplies or equipment for agricultural purposes. 0000002197 00000 n 13506(a)(6)(E), any listed livestock feed, poultry feed, agricultural seeds, or plants that are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production is exempt. Washington, DC 20590 The exempt commodities usually include unprocessed or unmanufactured goods, fruits and vegetables, and other items of little or no value. What is an exempt for-hire (exempt commodities) motor carrier? Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. An official website of the United States government Here's how you know. including insects.". Leverage your professional network, and get hired. Go to https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/regulations/404431/agricultural-commodity-transportation-guidance.pdf to read FMCSA's complete guidance. Question 37: How is the "source of theagricultural commodities determined if the driver makes multiple pick-ups of the commodity en route to the final destination? Here are five tips to prepare for a successful Roadcheck event. Because the new rule also expands the definition of livestock, it adds to the list of drivers who are exempt from the FMCSAs requirement for 30-minute breaks. For more information regarding Agricultural Operations, visit FMCSAs Agricultural Operations webpage. Exempt Commodity: Any commodity other than an excluded or agricultural commodity. YesNo Print (a)(16). You can trust our expertise across subjects relating to labor, transportation, environmental, and worker safety. Question: Does the agricultural commodity exception ( 395.1(k)(1)) apply to drivers while driving unloaded within 150 air-miles of the place where an agricultural commodity will be loaded, and to that portion of an unloaded return trip which occurs within a 150 air-mile radius of the place where the agricultural commodity was loaded? DeLorenzo explained that essentially all of the time a driver hauling an ag commodity spends within the 172.5 land mile radius is exempt from the HOS rules and recording of driver's logs. The so-called ag exemption found in 395.1(k) applies to drivers transporting agricultural commodities or farm supplies within a 150-air-mile radius of their source during the states planting and harvesting season. All rights reserved. So employees thrive. Furthermore, the HOS requirement for a 30-minute rest break did not apply to drivers transporting livestock in interstate commerce while the livestock are on a commercial motor vehicle. Looking for more on transportation safety? %PDF-1.2 % Android is a trademark of Google Inc. Apple, the Apple logo, iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. BigRoad is a trademark of BigRoad Inc. U.S. agricultural commodity and livestock haulers will be pleased to know that the U.S. Department of Transportations Federal Motor Carrier Safety Administration (FMCSA) published a Final Rule clarifying agricultural commodity and livestock definitions in Part 395Hours of Service of Drivers. Stay current on the critical safety and compliance news that impacts your business. The 395.1(k)(1) Agricultural commodity exception is available to a driver transporting agricultural commodities for a distance up to 150 air-miles from the source, regardless of the distance between the source and final destination or place of delivery. Because of . Section 395.1(v) says livestock haulers are exempt from breaks as long as they have animals on the vehicle. Share sensitive information only on official, secure websites. Updated guidance from the FMCSA allows agricultural commodity transporters greater flexibility for using the hours-of-service exemption in 49 CFR 395.1(k)(1) when their vehicle is empty or when traveling to multiple loading points. That's not a monthly measure, it's simply a rolling 30-day period and is specific by driver. Proactive compliance resources to help healthcare employers identify and address the unique hazards and reduce costs associated with workplace injuries and illnesses. (4). The location may be any intermediate storage or handling location away from the original source at the farm or field, provided the commodity retains its original form and is not significantly changed by any processing or packing. 0000007407 00000 n - Amendment to Section 10526(a)(6) by addition of (E). The compliance tools you need to keep your jobsites and work zones safe and compliant with OSHA standards. List of Commodities That Are Not Exempt by Statute Under, Distilled corn grain residues, with or without solubles added, Canned or salted as a treatment for preserving, Cooked or partially cooked fish or shrimp, frozen or unfrozen, Hermetically sealed in containers as a treatment for preserving, Preserved, or treated for preserving, such as smoked, salted, pickled, spiced, corned or kippered, Bananas, fresh, dried, dehydrated, or frozen, Carnauba wax as imported in slabs or chunks, Hair, hog or other animal, product of slaughter of animal, Hay, sweetened with 3 percent molasses by weight, Meat and meat products, fresh, frozen or canned, Oil, extracted from vegetables, grain, seed, fish or other commodity, Rock (except natural crushed, vesicular rock to be used for decorative purposes), Rubber, latex, natural, liquid, from which water has been extracted and to which ammonia has been added, Wool waste (carded, spun, woven, or knitted), Electronic Code of Federal Regulations (e-CFR), Subtitle B - Other Regulations Relating to Transportation, CHAPTER III - FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS, PART 372 - EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS. Official websites use .govA .gov website belongs to an official government organization in the United States. The rule was issued as an interim final rule, meaning the FMCSA was able to skip the normal step of first publishing a proposed version of the rule and accepting public comment before issuing the final product. The Interim Final Rule (395.2) is effective December 9, 2020. However, upon crossing the 150 air-mile point, the driver is subject to the HOS rules for the remainder of the trip to the destination point. Adminis- Section effective Jan. 1, 1996, except as otherwise provided in Pub. . HOS exemptions for agricultural commodities Federal rules offer an exemption from the HOS requirements for drivers transporting agricultural commodities, from the source of the commodities to a location within 150 air miles of the source, during harvest and planting seasons as defined by each state. Secure .gov websites use HTTPS -Case No. The Encompass ELD app makes compliance with hours of service easier for your drivers, mechanics, and other employees with exempt driving rulesets and quick ELog annotation entry to document exceptions that impact their record of duty status. The new rule expands the variety of agricultural commodities that are eligible for a complete exemption from the FMCSA's hours-of-service rules in 49 CFR Part 395. (2) generally. The Federal Motor Carrier Safety Administration (FMCSA) provides a relatively short list of items that are not exempt in 49 CFR 372.115. .:8(x0P&. B, title III, 23012, Pub. Once a driver operates beyond the 150 air-mile radius of the source, 49 C.F.R. Grain elevator. 372.115 Commodities that are not exempt under 49 U.S.C. "Point A is the source; you go there. The exemption was expanded six years ago, and as the U.S. Congress wrote it, the radius is "150 air miles." L. 11758 added par. If a driver transporting agricultural commodities has to travel to multiple locations to pick them up, that's finebut the first pick-up point is the one that sticks the needle on the map to calculate the 150 air mile/ 172.5 land mile radius to be exempt from HOS rules. In that case, driving and on-duty time are not limited, nor do other requirements of 49 CFR part 395 apply. The agency received 145 comments in response. Part 395 apply. $%x 90t0r8 (2hp IoU+[7WIK8_}hmz*p---cY&LKhq[xY)8QI .&" [SQ %G\)1tQiwq p u`Av B@g1x00 =0\RLJ @C!LA B2 Pub. 1471], as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals. Share sensitive information only on official, secure websites. Find out what's new at J. J. Keller, and discover how our latest solutions can make your job easier.
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