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FMCSA’s hours-of-service ag rule passes through OMB

Pre-rule established to determine definition of ag commodity

Posted June 26, 2019

A pre-rule impacting the hours-of-service (HOS) regulations for drivers delivering agricultural commodities was approved by the White House’s Office of Management and Budget (OMB) on Friday, June 21.

Approval from OMB means the next step in the process by the Federal Motor Carrier Safety Administration (FMCSA) will be publication of the advanced notice of proposed rulemaking in the Federal Register, so industry stakeholders will have an opportunity to comment on the rule.

In trying to clarify the regulations, the FMCSA is determining to what extent it should revise or clarify the definitions of “agricultural commodity” or “livestock” in the HOS regulations.

The current regulations exempt ag commodity and livestock haulers from the HOS requirements when operating from one source to another site within a 150-air-mile radius during planting and harvesting season.

The ag commodities HOS pre-rule is separate from FMCSA’s industry-wide HOS rules overhaul, which is still under review with the OMB. The 90-day review mark for the HOS rules is set for Wednesday, June 26, but OMB is allowed one 30-day extension for review.

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