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Federal transportation bill eases HOS and CDL rules
By TIM ALEXANDER
Illinois Correspondent

WASHINGTON, D.C. — A bipartisan Congressional conference committee reached agreement on a new federal transportation bill – the Moving Ahead for Progress in the 21st Century Act, or MAP-21 – on June 29, the final legislative day before Congress’ holiday break.

The bill reauthorizes federal highway programs until September 2014, extends current student loan rates for one year and enacts delayed flood insurance reform. It also contains two key provisions that ease regulatory restraints placed on farmers through the Farmer’s Freedom Act (H.R. 2414).

First, MAP-21 expands existing hours of service (HOS) exemption for drivers transporting agricultural commodities within a 150-air-mile radius, including out-of-state trips between wholesale and retail distribution points. It also creates a new exemption from all federal motor carrier safety regulations, including CDL requirements, for vehicles operated by farm or ranch owners, their families or employees.

Operators of vehicles weighing less than 26,000 pounds would be exempt from any regulations, while drivers of larger vehicles would be exempt from regulations within a 150-mile radius of the farm.
Passage of the bill, which now awaits President Obama’s signature, was lauded by a variety of state and national agricultural organizations, including the National Cattlemen’s Beef Assoc. (NCBA).

“This bill has been on a road to nowhere for more than three years. Cattlemen should be relieved that progress has been made,” said NCBA President J.D. Alexander. “Specifically, this bill is a big deal to farm and ranch families across the country. Many do not realize just how important this transportation legislation is to farmers and ranchers.”

He pointed to the Farmers’ Freedom Act’s inclusion in the bill – sponsored by Rep. James Lankford (R-Okla.) – as a major victory for farmers who have long been held to the same standards and requirements as commercial semi truck drivers. The cattleman from Pilger, Neb., however, expressed disappointment that Congress did not address semi truck weight limits within the two-year, $109 billion highway bill.

“State governments need to be given the option to increase truck weights with an additional axle to livestock and semi trailers. This will increase braking power and place less total weight on each axle, making livestock transportation safer, more economical and less stressful on U.S. roadways,” Alexander said.

Keystone pipeline nixed
The final transportation bill approved by Congress contains a number of other key provisions, including the tentative exclusion of a requirement that the government approve the Keystone XL oil pipeline, according to the Las Vegas Sun. Also eliminated was a provision sought by House Republicans that would have blocked the EPA from regulating toxic ash generated by coal-fired power plants, the Sun reported.

In addition, the highway bill includes a measure requiring the U.S. Army Corps of Engineers to develop a strategy for keeping the Great Lakes free of invasive, non-native Asian carp, the Toledo Blade reported. The provision allows the Corps 18 months to finish its Asian carp plan and was supported by a bipartisan group of legislators, including Sen. Sherrod Brown (D-Ohio).

“The invasion of Asian carp could grind to a halt Ohio’s multimillion-dollar fishing and boating industries,” Brown stated.

The Assoc. of Equipment Manufacturers (AEM) encouraged Obama to sign the highway bill into law “without delay,” even though it lacks a long-term funding mechanism. “The comprehensive infrastructure investment our country needs requires a long-term strategic vision and a well-structured, sustainable funding mechanism in order to be effective,” said AEM Chair Rusty Fowler.
“The much-needed two years of market certainty provided by the legislation ... should be used by all to continue working on a more effective infrastructure solution to keep America strong and competitive for years to come.”

Illinois reaction supportive
Rep. Aaron Schock (R-Ill.) was a vocal advocate for the passage of a long-term highway bill. During the debate process, Schock often extolled the bill as an incentive for employers and for domestic job creation. He claimed victory after the bill’s passage, promising the legislation would cut from 15 to seven years the time required to construct a new highway while creating crucial construction jobs.
“With the passage of the Panama, Colombia and South Korean free trade agreements, it’s now more important than ever to ensure we are investing in our infrastructure to help move U.S. products to new markets,” said Schock. “A long-term highway bill is as much about putting people back to work now as it is about investing in our country’s infrastructure to entice businesses to expand their operations in the U.S. and sell their products around the world more efficiently.”

According to information released by his office, Illinois will average more than $1.3 billion per year in federal highway funding, or 3.67 percent of the total highway trust fund allotment under conditions of the new legislation.

Illinois Corn quickly applauded passage of the highway bill, focusing on the provisions set forth in the Farmers’ Freedom Act.
“Illinois Corn was following the bill closely and contacted all the Illinois legislative offices looking for support for the bill, because of its provisions that would aid farmers with a reduction of unneeded regulation on shipments and vehicle requirements,” according to the organization’s June 29 online Daily Update.

Also expressing approval of the new vehicle operation requirements contained in MAP-21 was the Illinois Fertilizer & Chemical Assoc. (IFCA).

“This (HOS) exception has been in jeopardy for the last several years, particularly for delivery of agricultural inputs from wholesale points or terminals to the retail site. For the past two years, our industry has been operating under a special waiver for the delivery of anhydrous ammonia from terminals to retail sites,” the organization stated.

“This great news was made possible by many, many hours of hard work, research, fact-finding and negotiation performed by the staff of The Fertilizer Institute, Ag Retailers Association, Agricultural Food Transporters, American Trucking Association and the National Council of Farmer Cooperatives. There was hardly a more unified effort on behalf of national and state associations working with (the Transportation Department) and with our Congressional delegations to reaffirm the vital need for the (HOS) exception for agriculture.”
7/13/2012