An interim final rule clarifying agricultural commodity and livestock definitions in hours-of-service (HOS) regulations was unveiled Thursday (November 19) by the Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA).
The rule has not yet been scheduled for publication in the Federal Register.
During state-defined harvesting and planting seasons haulers 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. However, amid indications the definition of “agricultural commodities” was not well understood or enforced consistently relative to the HOS exemption, FCMSA began a rulemaking to clarify the term in July 2019.
The interim final rule defines the terms “any agricultural commodity,” “livestock,” and “non-processed food” as used in the definition of agricultural commodity under HOS regulations.
“The agriculture industry is vital to our nation, and this new rule will provide clarity and offer additional flexibility to farmers and commercial drivers, while maintaining the highest level of safety,” said US Transportation Secretary Elaine Chao.
USDA Secretary Sonny Perdue thanked DOT for working with his department “to come up with common sense definitions for agricultural commodities and livestock that meet both the needs of agricultural haulers and public safety – critical concerns for all of trucking.”
The interim final rule will take effect 15 days after publication in the Federal Register and comments will be accepted for 30 days following publication.