Issue #1: Application of commercial trucking regulations to farmers and ranchers
The Federal Motor Carrier Safety Administration (FMCSA), an arm of the U.S. Department of Transportation (USDOT), is taking a close look at how farm trucks and farm equipment, as well as the farmers who operate them, are regulated under federal safety laws.
Several months ago regulators in Illinois began arguing that farmers hauling grain under crop share agreements are “for hire” carriers, putting them in the same category as drivers hauling for Yellow Freight or J.B. Hunt. The debate rose all the way to FMCSA in Washington, D.C. but the discussions have gone far beyond crop share agreements. Officials are also looking at implements of husbandry, such as tractors and combines, and questioning whether CDLs should be required of farmers when driving equipment on public roads for short distances.
Of most concern to MFB is the distinction between intra- and interstate commerce since a strict interpretation of FMCSA guidance will mean virtually every farmer will need a CDL, medical cards and more even if they only drive a short distance using pick-ups with trailers.
FB Action: Since learning about the guidance document, MFB has been in close contact with AFBF and other State Farm Bureaus to coordinate our response. We have also met with Missouri Department of Transportation staff to discuss the potential impacts at the state level.
FMCSA is only allowing a 30 day comment period, which we believe is insufficient. MFB and Kansas Farm Bureau are working with lawmakers to push for an extension of the June 30 deadline. AFBF and MFB will submit comments.
Member Action: We strongly urge farmers to read the guidance document, found at http://www.gpo.gov/fdsys/pkg/FR-2011-05-31/pdf/2011-13035.pdf, and submit comments by June 30.
Please direct comments to FMCSA Administrator Anne Ferro and specify Docket No. FMCSA-2011-0146. Letters may be faxed (202-493-2251) or mailed [Docket Management Facility, (M-30), U.S. Department of Transportation (DOT), 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room 12-140, Washington, DC 20590]. Comments may also be submitted electronically at www.regulations.gov.
Issue #2: Expansion of EPA’s Clean Water Act authority
In May, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) proposed draft Guidance that would expand their Clean Water Act (CWA) regulatory authority. The proposed Guidance will be used by the EPA and the Corps to reinterpret the term “waters of the United States.” EPA has indicated this increased regulation will affect the implementation of all programs authorized under the CWA.
In recent years environmental and wildlife organizations and their allies on Capitol Hill have pushed to broaden the scope of the Clean Water Act and the regulatory reach of the EPA and Corps. One bill, the “Clean Water Restoration Act,” would have expanded the federal government’s jurisdiction to over 314,000 farm ponds in Missouri alone. That piece of legislation was defeated in large part due to Farm Bureau’s grassroots opposition to the bill.
Fast forward to 2011—the private property rights threat is still present except this time federal agencies are bypassing Congress and the formal rulemaking process to put in place “guidance” for their field staff across the country to use.
FB Action: AFBF asked for an extension of the public comment period, which ends July 1, but to date it does not appear EPA will allow more time. AFBF and MFB will be submitting comments.
Member Action: We strongly urge farmers and landowners to submit comments by the July 1 deadline. EPA needs to hear that the impact on farms and ranches will be far-reaching, burdensome and extremely costly. A sample letter is below for your use.
Comments should be sent to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Ave., NW, Washington, DC, 20460. The proposed guidance is referred to as Docket No. EPA-HQ-OW-2011-0409. Comments may also be submitted electronically to owdocket@epa.gov. Please make sure to put in the subject line Docket No. EPA-HQ-OW-2011-0409.
