www.safetyandhealthmagazine.com/articles/18721-fmcsa-seeks-comment-on-definition-of-agricultural-commodities
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FMCSA seeks comment on definition of ‘agricultural commodities’

July 29, 2019

Washington — The Federal Motor Carrier Safety Administration is seeking input on whether it should clarify or revise the definitions of “agricultural commodity” or “livestock” in its hours-of-service regulations for commercial truck drivers.

FMCSA made the announcement in an advance notice of proposed rulemaking published in the July 29 Federal Register. Current regulations call for exemptions in HOS requirements during harvesting and planting season in each state. Drivers are exempt in a 150-air-mile radius from the source of that agricultural commodity.

In 49 CFR Part 395.2, FMCSA defines “agricultural commodity” as “any agricultural commodity, nonprocessed food, feed, fiber or livestock.” The agency states that the newly published ANPRM “is prompted by indications that the current definitions of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies.”

The comment period is open until Sept. 27.

 

In June 2018, FMCSA issued guidance intended to clarify both the agricultural commodities exemption and the “personal conveyance” provision in HOS regulations.