Limited 90-Day Waiver for the Distribution of Anhydrous Ammonia in Agricultural Operations

Federal Register: 75FR 13441
49 CFR Part: 395

Publication Date: 3/23/2010
Effective Date: 3/22/2070
Expiration Date: 6/21/2010

Action:
Grant of waiver.
Summary:
FMCSA grants a limited 90-day waiver from the Federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point. This waiver extends the agricultural operations exemption established by section 345 of the National Highway System Designation Act of 1995, as amended by the sections 4115 and 4130 of the Safe, Accountable, Flexible, Efficient Transportation Equity: A Legacy for Users (SAFETEA-LU) to certain motor carriers engaged in the distribution of anhydrous ammonia during the 2010 spring planting season. The Agency has determined that the waiver would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. This waiver preempts inconsistent State and local requirements applicable to interstate commerce.
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SAFETEA-LU Extended to December 31, 2010

Press Release from CVSA

On March 18, 2010, the Senate passed the “Hiring Incentives to Restore Employment (HIRE)” Act, H.R. 2847, that included a provision to extend SAFETEA-LU through December 31, 2010 as well as providing the Highway Trust Fund $19.5 billion so it can meet its financial obligations through 2011. FMCSA and the state safety grant programs are funded from the Highway Trust Fund. The President is expected to sign the bill.

This extension will allow FMCSA to begin awarding full year funding for Fiscal Year 2010 to the States and Territories.

Whether a new Reauthorization bill will be passed by December 31 of this year is still questionable. However, both the Senate Environment and Public Works and Commerce Committees are now beginning work on a Reauthorization bill. The Senate Commerce Committee will be holding a series of motor carrier safety hearings starting with a general safety oversight hearing in April. On the House side, a core Reauthorization bill has already cleared the Highway and Transit Subcommittee.

One possible scenario is for the House and Senate to complete work on most of the major issues before the November elections except for the more difficult issue of financing the long term bill. This could conceivably be dealt with in a lame duck session of the 111th Congress. There is a precedent for such a scenario which occurred when the Surface Transportation Act of 1982 was passed.

IRS Message to Owner Operators

From Allen Gregorson - IRS

/Courtesy MTA

Owners and operators of heavy truck/tractors are paid a fuel surcharge by the companies who lease their vehicles. The companies should include these surcharges in the Forms 1099-MISC they issue to the owner/operators. The IRS has received information that indicates that some companies may not be including these fuel surcharges in the payment amounts shown on Forms1099.

Owner/operators should check with the companies leasing their vehicles and confirm whether or not the company is including the fuel surcharges in the 1099s issued to the owner operators. Unreported fuel surcharges can be a significant issue for owner/operators since unreported income can total $30,000 to $50,000 per year for one truck/tractor. With diesel fuel at $3.00 per gallon, for example, the fuel surcharge is $0.31 per gallon.

If the amounts shown on Forms 1099 issued to the owner/operators do not include the surcharge the owner operator must nevertheless include the fuel surcharges in the income they report on their tax returns. If the surcharges were not reported for prior years, the owner/operator should file amended income tax returns to correct the oversight and avoid additional penalties and interest.

Likewise, companies who issue Forms 1099 should also check to make sure they are including the fuel surcharge in the Forms 1099 they issue. If they are not, they should file amended Forms 1099s to correct the error.

Regulatory Guidance Concerning the Applicability of Fees for the UCR Plan and Agreement

Courtesy MTA
The Federal Motor Carrier Safety Administration (FMCSA) announces regulatory guidance concerning the applicability of fees in 49 CFR 367.20 to registration under the Unified Carrier Registration (UCR) Plan and Agreement beginning after December 31, 2009. Until an adjustment in the fees is published by FMCSA, States participating in the UCR Plan and Agreement may assess and collect fees under the current FMCSA regulation. In accordance with a statutory amendment that applies to the current regulation, fees must be based on the number of self-propelled commercial motor vehicles owned and operated.

This regulatory guidance is effective on March 2, 2010.

For further information, contact:

Frederic L. Wood
Regulatory Affairs Division
Office of Chief Counsel
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE
Washington DC, 20590

frederic.wood@dot.gov
Ph: (202) 366-0834