FMCSA 24-11
Wednesday, August 9, 2011
Contact: Candice Tolliver or Shashunga Clayton
Tel.: (202) 366-9999

U.S. Department of Transportation Reinforces Commitment to No New Regulations for America’s Agricultural Community
Guidance Will Ensure States Continue to Use Common Sense in Applying Existing Safety Rules

WASHINGTON, DC - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced today that it has no intention to propose new regulations governing the transport of agricultural products. The agency also released guidance designed to make sure states clearly understand the common sense exemptions that allow farmers, their employees, and their families to accomplish their day-to-day work and transport their products to market.

After hearing from concerned farmers earlier this year, FMCSA initiated this review to make sure states don't go overboard in enforcing regulations on agricultural operators, and to ensure consistent access to exemptions for farmers. No regulations will be proposed for any new safety requirements or changes to the rules governing the transport of agricultural products, farm machinery, or farm supplies to or from a farm.

“We have no intention of instituting onerous regulations on the hardworking farmers who feed our country and fuel our economy,” said Secretary Ray LaHood. “Farmers deserve to know that reasonable, common sense exemptions will continue to be consistently available to agricultural operations across the country, and that’s why we released this guidance.”

This guidance – which does not impose any new rules on farmers – follows the Federal Register public notice which FMCSA issued on May 31, 2011, asking farmers, farm organizations and the public to give input on the agency’s longstanding safety rules.

"We want to make it absolutely clear that farmers will not be subjected to new and impractical safety regulations," said U.S. Transportation Deputy Secretary John Porcari. "The farm community can be confident that states will continue to follow the regulatory exemptions for farmers that have always worked so well."

“FMCSA is pleased with the input we’ve received from the agricultural community and members of Congress. We received about 1700 comments and the vast majority called for us to preserve the guidance that leaves states to carry out the farm exceptions as they have for many years.” said FMCSA Administrator Anne Ferro. “We want to make crystal clear that we are not imposing any new regulations.”

Earlier this year, farm groups came to FMCSA with concerns that some states might not allow exemptions to Commercial Drivers License (CDL) requirements for certain farm operations using “crop-share” leasing.

When FMCSA investigated, there appeared to be wide differences among states in how the “for-hire” and related agricultural exceptions were being applied. In order to ensure consistency, FMCSA asked state officials to cease all new entrant safety audits on farmers engaged in “crop-share” leasing and issued the public notice soliciting input that would provide insight on the complex use of farm equipment on public roads. The guidance released today, which is based on that input, clarifies three critical issues:

Interstate vs. intrastate commerce. Since the difference between the two has been determined by the U.S. Supreme Court and other Federal courts, FMCSA has limited flexibility to provide additional guidelines. The Agency has concluded that new regulatory guidance concerning the distinction between interstate and intrastate commerce is not necessary. Generally, the states and the industry have a common understanding on this point. To the extent that fact-specific questions arise, the Agency will work with the States and the industry to provide a clarification for the specific scenario.


Commercial Driver's License. Federal regulations allow states to make exceptions to Commercial Driver's License (CDL) regulations for certain farm vehicle drivers such as farm employees and family members, as long as their vehicles are not used by “for-hire” motor carriers. Some states have questioned whether this exemption applies to drivers who work for “crop share” or similar arrangements. FMCSA’s notice includes guidance to ensure consistent application of the exemption. After considering the public comments, the Agency has determined that farmers who rent their land for a share of the crops and haul their own and the landlord’s crops to market should have access to the agricultural CDL exemptions given by the states.


· Implements of Husbandry. In a perfect world, farm vehicles would only operate on farms, while commercial trucks would operate on public roads. The reality is that farm equipment that is not designed or intended for everyday use on public roads is often used for short trips at limited speeds. This creates a gray area for classification. After considering the public comments, FMCSA has determined that most States have already adopted common sense enforcement practices that allow farmers to safely move equipment to and from their fields. In areas where farm implements are common, the enforcement community and the agricultural community have achieved a mutual understanding of which safety regulations should apply to farm equipment on their public roads.

FMCSA is committed to the safety of our highways and the long-term success of America's agricultural industry. To learn more about federal safety regulations that impact the transportation of agricultural products and equipment, please visit the FMCSA website at www.fmcsa.dot.gov.

Written for Aug 8, 2011 High Plains Journal

What are they smokin?

The list goes something like this: George Washington, Abraham Lincoln, George Washington Carver, Justin Smith Morrill, Norman Borlaug, John Deere, Eli Whitney, Henry Wallace and Cyrus Hall McCormick just to name a few. Now imagine, if you will, the inclusion of Willie Nelson in that list of historical agricultural icons. Yes indeed, this may be one of the most ill-guided moves ever in recognizing agricultural leaders as the National Agriculture Hall of Fame says they are going to induct Willie Nelson into the Hall of Fame.

It is a complete embarrassment to the tremendous individuals that have already been recognized in the Hall of Fame and should cause us to question any credibility this organization might have.

Let’s forget for a moment that many refer to Willie Nelson as “America’s favorite stoner” and dismiss the 2008 CNN reports about Willie Nelson as the poster boy for tax evasion. Let’s just look at what he has really done for farmers.

First off, Willie Nelson has spent tireless hours campaigning to end horse harvesting in the United States. In June 2011 the Government Accountability Office released a report that documents that Nelson’s efforts have greatly reduced the horse welfare in the United States. Thank you Willie!

I have personally known family farmers that have had lawsuits filed against them by Farm Aid to prevent them from expanding their operations. In 2004, suits were filed against twelve farm families that I know of in Iowa and Minnesota. The Farm Aid organization has a history of working hand-in-hand with animal rights organizations that want to end animal agriculture altogether.

You don’t need to be very skilled in internet searching to find the most damaging stuff about this “non-profit” organization. This comes directly from their own website:

Farm Aid works with local, regional and national organizations to promote fair farm policies and grassroots organizing campaigns designed to defend and bolster family farm-centered agriculture. We've worked side-by-side with farmers to protest factory farms and inform farmers and eaters about issues like genetically modified food and growth hormones.

They have an extensive area on their site called “Know your food” which encourages consumers not to purchase any food that is produced in the most modern and efficient manner. Everything that Abraham Lincoln and Justin Smith Morrill accomplished in the 1862 Morrill Act, which established the Land Grant System and propelled the United States food production model into the role of world leader, is now being destroyed by this dope smoking hippie who has spent 26 years gathering funds to dismantle it.

So what has the $39 million Nelson gathered at his fundraising concerts accomplished for farmers in the past 26 years? Well, a bit of quick cowboy arithmetic tells us that they average only $1.5 million annually. Charity Navigator, an organization that ranks non-profits, says that since 2008 they have had revenues in the $1.1 million range. The first 20% of that goes to administration and fundraising expenses. Their rating as a non-profit dropped from 4-star in 2007 to 2-star in 2009. So you tell me how much real benefit has ever gone to any farmers from this project? It is minimal at best.

For those of you already revving up your email fingers to tell me “but Willie sticks up for the little farmer.” I tell you he gives them lip service and does nothing to help them in any way. In fact, I will tell you that Willie Nelson and Farm Aid work hard with every dollar they get to increase food insecurity in this country. Since their beginning, they have rejected the very science and technology that allows us to provide the consumer with the most affordable, safest food supply in the world.

In closing, I will share with you that Farm Aid has every right to spend their money as they see fit and people can continue to donate if it makes them feel all warm and fuzzy. But the truth of the matter is that if the National Agriculture Hall of Fame deems this man to be worthy of recognition in the same building as the individuals that laid the ground work for the greatness in American Agriculture then the future of our food producing machine is about to derail itself. One has to ask the obvious question about Nelson’s selection for this honor. “What were they smokin’?”

Trent Loos is 6th generation United States rancher who has taken his passion for the Rural lifestyle to the radio airwaves with a program called Loos Tales. More information can be found at www.FacesOfAg.com

Water Use Statistics
Daily indoor per capita water use is 69.3 gallons. Here is how it breaks down:

Use
Gallons per Capita Percentage of Total Daily Use

Showers
11.6 16.8%

Clothes Washers
15.0 21.7%

Dishwashers
1.0 1.4%

Toilets
18.5 26.7%

Baths
1.2 1.7%

Leaks
9.5 13.7%

Faucets
10.9 15.7%

Other Domestic Uses
1.6 2.2%


By installing more efficient water fixtures and regularly checking for leaks, households can reduce daily per capita water use by about 35% to about 45.2 gallons per day Here's how it breaks down for households using conservation measures:

Use
Gallons per Capita Percentage of Total Daily Use

Showers
8.8 19.5%

Clothes Washers
10.0 22.1%

Toilets
8.2 18.0%

Dishwashers
0.7 1.5%

Baths
1.2 2.7%

Leaks
4.0 8.8%

Faucets
10.8 23.9%

Other Domestic Uses
1.6 3.4%

Source: Handbook of Water Use and Conservation, Amy Vickers

Estrogen from food source

Sources: Food and Drug Administration; Hoffman and Evers; Scanga et al.; FSIS-USDA; Dr. Harlan Ritchie, Michigan State University; NCBA

Food (3-Ounce Servings) Estrogen (in nanograms)

Soybean Oil 168,000,000
Milk 11
Potatoes 225
Peas 340
Ice Cream 520
Wheat Germ 3,400
Beef (no supplemental hormone) 1.3
Beef (with supplemental hormone) 1.9
Beef (with supplemental hormone) serving size equal to 1.5 tons (3000 pounds) Estrogen amount in one human birth control pill

Consumers are not always right

By TRENT LOOS*

IN this information age, is there such a thing as too much information? Is the human brain capable of computing all of the information it acquires?

Last week, I attended the Worldwide Food Expo sponsored by the American Meat Institute and the International Dairy Food Assn. The first day of the expo was filled with tremendous meat research. Information was presented about the latest discoveries from the laboratory about health, safety and nutrition.

The presentation that stuck with me most was from Dr. Nathan Bryan of the University of Texas' Center for Cell Signaling. Bryan has spent his research career studying the effects of nitrites and nitrates on the human body.

He reminded us that nitrites have been used for more than 5,000 years as a food preservative. In the 1970s, a study was released that connected nitrites, particularly those found in meat, with an increased incidence of cancer. The public perception of nitrites has been a downward spiral ever since then.

Bryan's research clearly shows that nitrites and nitrates are closer to a health food than a carcinogen. Of any food source, leafy vegetables, considered by most to be a health food, contain the highest level of nitrates. In fact, the European Union, in its infinite food wisdom, reported that "since leafy vegetables are the main source of dietary nitrate, the EU established maximum limits for nitrate content in lettuce and spinach in 1997."

My point is that if you would randomly ask consumers where nitrates come from in their diets, bacon and ham would get all of the blame. I am not sure many would actually know that leafy vegetables are a primary source.

Bryan's research suggests that dietary nitrite is NOT causing cancer and is actually a beneficial compound in the prevention and treatment of cardiovascular disease, and that makes me wonder if we are trying to over-regulate a healthy compound.

Bryan is quite excited about how important the compound could be if used properly for prevention of cardiovascular disease. For bacon lovers like myself, this is indeed good news: One of our favorite foods could now be viewed as a health food.

Given the research of Bryan and others that has all been inconclusive in regard to the risk associated with nitrites, why, then, is a line of "nitrite-free" meats being unveiled to consumers in December? I've been told it is because the company launching this new line was simply tired of getting beat up on the nitrite issue and just decided to "give the consumers what they want."

While that may indeed be the right step for a food company interested in making a profit, it can be a risky move for those involved in the rest of the food production chain and, for that matter, for consumers.

The fact of the matter is that consumers are not always right about what is in their best interest. Food companies exhibiting at the Worldwide Food Expo made it quite clear that if they identify something a consumer is willing to pay for, they will sell it.

That basic thought process is even trickling down to the production level of food production and is resulting in unattainable animal handling and behavior standards.

It is time we start educating our consumers about the facts and dispel the myths that are forcing increased and unnecessary regulations on producers. The proof is in the figgy pudding in the EU, which is trying to regulate Mother Nature in regard to leafy vegetables and nitrites.

In addition to nitrites, a similar situation has been unfolding in the milk arena, where the consumer has been incorrectly convinced that fat should be avoided at any cost. The message there has been to drink low-fat milk and be leaner, but we are quickly learning how flawed this is, especially in light of conjugated linoleic acid (CLA) studies. Ironically, consumers are now trying to supplement their diets with the fatty acid instead of simply consuming foods that are naturally higher in the substance ... like whole milk.

Dr. Mark Cook at the University of Wisconsin has proven that whole milk contains higher levels of the fatty acid and provides tremendous health benefits. CLA can increase lean body mass and decrease fat, inhibit the growth of tumors and enhance immune function. CLA also is found naturally in beef and cheese, yet consumers continue to avoid fat.

If we choose to continue to be in food business, the end user needs a tremendous level of education. If we don't educate, the consumer will demand a food product that does not impact the planet, allows for no death to plants or animals and contains no additives. Little do consumers know that their misinformation about dietary issues may actually be what kills them.

*Trent Loos is a producer, host of the "Loos Tales" radio show, public speaker and founder of Faces of Agriculture, which puts the human element back into food production. Find out more at www.FacesOfAg.com, or e-mail trentloos@gmail.com.

I have decided to once a week post a quote worth quoting.

Trent Loos says "Agriculture: It is not a job, it is a calling"

My closest partner in working cows for the past ten years left me on Sunday Jan 30, 2011. Her name is "Apache".

2011 NWSS Res Champ spot market hog exhibited by Campbell Martin Bucklin, KS. Campbell is son of Eric and Holly Martin. Congratulations on your tremendous spot barrow.

The ideal breakfast for all humans here this morning in Bismarck. Three eggs bacon sourdough toast and a glass of whole milk.

Todays Faces of Ag feature: Beth Bakke Stenehjem Executive Director of the North Dakota FFA Foundation. Beth joins me on Loos Tales.

My gilts that are bred to farrow this winter. If we are to be competitive next summer it will be dependent upon these gilts getting it done.