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Graves, Luetkemeyer Lead Effort to Clarify Intent of Agriculture Hours of Service Regulations

WASHINGTON, D.C. –U.S. Rep. Sam Graves and U.S. Rep. Blaine Luetkemeyer (MO-9) are lead sponsors on legislation that would clarify congressional intent regarding the Agriculture Hours-of-Service (AgHOS) regulations issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).?

In the past, many members of Congress have expressed repeated concern regarding FMCSA’s interpretation of the AgHOS exemption, which temporarily allows for the transportation of only anhydrous ammonia from a distribution source to retail outlet, from a source to a farm, and from a retail outlet to a farm.? Graves, Luetkemeyer and many other members of Congress believe that federal statute and congressional intent allow for the transportation of all necessary agriculture products under the AgHOS exemption.? This legislation would reinforce that belief.

"Planting and harvesting a crop is tough enough without having to deal with overbearing federal regulations," Graves said. "This bill will ensure that Missouri farmers have access to the farm supplies they need, whenever they need them. I believe this bill balances the need for quick delivery while making sure it’s transported safely."

Currently, under the AgHOS exemption, FMCSA only allows for the transportation of a single farm supply – anhydrous ammonia – from any distribution point to a local farm retailer or to the ultimate consumer.? While anhydrous ammonia is perhaps the most widely used farm supply to be transported under the AgHOS regulations, many other critical farm supplies have been excluded because of the agency’s interpretation.? This severely hinders the flexibility our farmers need during planting and harvesting seasons.?

"This legislation is critical in ensuring the timely delivery of farm supplies to our hard-working family farmers," Luetkemeyer said.? "It seeks a permanent solution to the hours-of-service issue.? I will continue to work with Secretary LaHood, FMCSA Administrator Anne Ferro, and the U.S. Department of Transportation to address other concerns of farm families and rural America."

FMCSA, through several waivers granted over the past two years, has recognized the need for an exemption to their motor carrier regulations.? Last fall Graves and Luetkemeyer were successful in securing a two year waiver that runs through October 9, 2012 for the delivery of anhydrous ammonia.

This legislation would reinforce what both members believe is existing law by clarifying that a driver transporting farm supplies from source to retail, source to farm, and retail to farm is included under the AgHOS exemption.

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