By Max Fisher, Vice President of Economics and Government Relations The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) on Nov. 19 released an interim final rule on the definition of agricultural commodity for use in determining which agricultural products are eligible to be hauled under the agricultural exemption to the hours-of-service (HOS) rules for commercial truck drivers. Under the agricultural exemption, HOS regulations do not apply to the transportation of agricultural commodities by truck drivers operating completely within a 150 ... Read More
Transportation
Senate confirms Primus, Schultz to STB
By Randy Gordon, President and CEO The Senate, by separate voice votes on Nov. 18, confirmed the nominations of Robert Primus and Michelle Schultz to become members of the Surface Transportation Board (STB), the federal agency whose responsibilities include regulatory oversight of freight railroads. Primus, a Democrat, most recently served as chief of staff to Rep. Nanette Barragάn, D-Calif. A native of Madison, N.J., he spent 20 years as a staff member for former Rep. Mike Capuano, D-Mass., four of those as his legislative director and the last 16 as chief of staff while Capuano ... Read More
NGFA commends Senate for Primus, Schultz confirmations to STB
ARLINGTON, Va. Nov. 19, 2020 -- The National Grain and Feed Association (NGFA) commended the Senate for confirming the nominations of Robert Primus and Michelle Schultz to the Surface Transportation Board (STB) on Nov. 18. Both nominees were recommended by the Senate Committee on Commerce, Science and Transportation on a bipartisan basis, noted the NGFA and 54 other agricultural organizations in a Nov. 19 letter to Senate leaders. Both nominees were confirmed by a voice vote. “Both have the mental acuity, independence and dedication to serve, and will work well with existing ... Read More
NGFA, ag groups support harmonizing minimum CMV driving age
NGFA and 45 other food and agricultural organizations sent a joint statement on Nov. 9 to the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) expressing strong support for a pilot program allowing drivers 18, 19 and 20 years old to operate commercial motor vehicles (CMVs) in interstate commerce. The statement noted that currently, in 49 states (all except New York state), the minimum age for intrastate CMV operation is 18 (or under), while the federal minimum is 21 for interstate CMV operation. The pilot program has the potential to remove the ... Read More
NGFA supports increasing revenue threshold for Class II RRs, but urges STB to consider enabling rail customers to bring regulatory challenges
ARLINGTON, Va., Nov. 3, 2020 – In a statement submitted this week, the National Grain and Feed Association (NGFA) supported the federal Surface Transportation Board’s (STB) proposal to increase to $900 million the revenue threshold used to determine whether a freight railroad continues to be classified as a Class II carrier. But in so doing, NGFA urged the agency to be cognizant of the increasing size, revenues and regional dominance of Class II railroads when determining whether and when to subject such carriers to prudent regulation to protect the interests of rail customers. The STB ... Read More
Bipartisan group of lawmakers urge start of Navigation and Ecosystem Sustainability Program (NESP)
By Bobby Frederick, Vice President of Legislative Affairs and Public Policy A bipartisan, bicameral group of more than 50 lawmakers sent a letter on Oct. 26 urging the U.S. Army Corps of Engineers (Corps) to include a “new start” for a construction project through the Navigation and Ecosystem Sustainability Program (NESP) in the agency’s fiscal year 2021 Work Plan. The NGFA has been a consistent supporter of NESP, which will improve the efficiency and capacity of the Upper Mississippi River and Illinois Waterway through the construction of seven new 1,200-foot locks (locks 20, 21, 22, 24 ... Read More
U.S. and Brazil update trade agreement
The United States and Brazil have signed a new protocol on trade rules and transparency, updating a 2011 agreement between the two countries, the U.S. Trade Representative’s office announced Oct. 19. The protocol, also announced by Brazilian President Jair Bolsonaro,, includes new annexes with provisions on customs administration and trade facilitation, regulatory practices and anti-corruption, USTR said in a statement. The full text of the U.S.-Brazil ATEC Protocol on Trade Rules and Transparency can be found here. “From their first meetings, President Trump and President Bolsonaro have ... Read More
STB proposes to increase revenue threshold for classifying Class II railroads
By Randy Gordon, President and CEO The federal Surface Transportation Board (STB) is seeking comments by Nov. 2 on its proposal to increase to $900 million the revenue threshold used to determine whether a railroad continues to be classified as a Class II carrier. The proposal was triggered by a petition submitted to the agency by Montana Rail Link Inc., a regional Class II railroad, which sought the increase from the $504,803,294 revenue threshold at which a carrier currently is deemed to be a Class I railroad. The railroad said it anticipated reaching the current Class I ... Read More
NGFA testifies on state of the rail network at Senate hearing
WASHINGTON, Oct. 21, 2020 – National Grain and Feed Association (NGFA) President and CEO Randy Gordon offered suggestions for improving the rail regulatory framework to address limited rail-to-rail competition in testimony before the Senate Committee on Commerce, Science and Transportation on Oct. 21. NGFA thanked Chairman Roger Wicker, R-Miss., and Ranking Member Maria Cantwell, D-Wash., for examining the current state of the rail network, including impacts of COVID-19 and legislative considerations for surface transportation reauthorization. In his testimony, Gordon commended the ... Read More
STB finds five Class I RRs ‘revenue adequate’ in 2019
The federal Surface Transportation Board (STB) on Oct. 1 issued a notice in which it determined that five Class I railroads were “revenue adequate” during calendar year 2019. The agency deems a railroad to be revenue adequate when its rate of return on net investment equals or exceeds the rail industry’s cost of acquiring capital. To calculate the rail industrywide cost of capital, the STB determines the interest paid by railroads on borrowed funds and estimates the returns that shareholders demand as compensation for their investment. The STB has stated in one decision (Coal ... Read More
National Grain and Feed Association
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