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USDOT grants anhydrous carriers a temporary HOS waiver for planting season

March 24, 2010

The Federal Motor Carriers Safety Administration (FMCSA) has granted a 90-day waiver from the federal hours-of-service (HOS) regulations for transporting anhydrous ammonia for agricultural use.  

The exemption applies only to anhydrous ammonia being transported from a local farm retailer to the farm within a 100 air-mile radius of the retail or wholesale distribution point. The waiver went into effect on Monday.    

Congress requested the waiver and the decision was released last Thursday and printed in Monday’s Federal Register

 
 

The Agency has long understood that limited farm storage capacity necessitates a “just in time” delivery system from retail distributors of farm supplies to farms (or other locations where the farm supply product will be used) during the busy planting and harvesting seasons. Longstanding FMCSA guidance on its HOS regulations has consistently allowed that the agricultural operations exemption applies to the transportation of farm supplies from the local farm retailer to the ultimate consumer within a 100 air-mile radius. FMCSA’s interpretation, however, has not extended the HOS exemption to deliveries from wholesalers located at port or terminal facilities to either local  farm retailers or farms. 

 

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