Extending the ELD Delay for Livestock Haulers

Livestock haulers across the country are currently exempt from implementing electronic logging devices (ELDs). The question is: For how much longer?

A few months ago, NCBA worked closely with allies in Congress to secure a temporary exemption through December 7, 2018. With less than ten days to go before that exemption expires, NCBA has been making the rounds on Capitol Hill to remind lawmakers that a further extension is necessary.

“The livestock industry needs additional time to work with Congress and the Administration on a long-term solution to overly-restrictive Hours of Service rules,” said Executive Director of Government Affairs Allison Rivera. “Extending the ELD implementation delay for livestock haulers will give us more breathing room while that process moves forward.”

A draft fiscal year 2019 government spending bill includes a provision that would delay ELD implementation for livestock haulers until September 30, 2019. Keeping that provision included in any spending bill is an immediate priority.

NCBA is also looking forward to further conversations with the Department of Transportation (DOT) on the recent petition that requests flexibility for livestock haulers on Hours of Service (HOS) requirements. Authored by industry groups including NCBA and the Livestock Marketing Association, the petition asks for increased drive time for livestock haulers and includes a plan for working with the DOT on additional fatigue-management practices. The petition has already garnered bipartisan support in both chambers of Congress (read the letters of support here and here). As a next step, DOT is expected to open a public comment period on the petition.

MSGA has been closely working with NCBA along with the Montana Congressional Delegation to find a permanent fix for Livestock Haulers.

“Positive Developments” in Omnibus Spending Bill

Colin Woodall, Senior Vice President of Government Affairs for the National Cattlemen’s Beef Association (NCBA), released the following statement:

“The omnibus spending bill includes a number of positive developments for cattlemen and women, including language that would prevent 200,000 farms and ranches from being regulated like toxic waste sites, delay the implementation of electronic logging devices for livestock haulers for another six months, and provide a critical fix for wildfire funding that also provides expedited authority to implement much-needed vegetation management on federal lands. We are also glad to see refinements to the tax code that address the 199A issue. NCBA and our affiliates have been working closely with Congress to ensure the spending bill addresses issues of concern for U.S. ranchers and beef producers, and we are glad to see our policy priorities reflected in the legislation. We urge Congress to take the next step and vote ‘Yes’ when the bill comes up for a vote.”

Background:

  • CERCLA Reporting: A provision would relieve livestock producers of the emissions reporting requirements under CERCLA, protecting 200,000 farms and ranches around the country. NCBA has been urging affiliates and members to support stand-alone legislation in the House and Senate that would also exempt agricultural producers from CERCLA reporting requirements. Passage of the omnibus spending bill would achieve the same goal.

 

  • Electronic Logging Devices: The bill includes a provision that would grant livestock haulers an exemption from ELDs until September 30, 2018. A further delay will provide the Federal Motor Carrier Safety Administration (FMCSA) more time to educate our livestock haulers on the ELDs while industry works on solutions to the current Hours of Service rules that do not currently work for those truckers driving livestock across this great nation. Recent NCBA actions on this issue include:
    • September 2017 – NCBA and allied groups petition Department of Transportation for ELD waiver.
    • September 2017 – NCBA and affiliates ask Congress to support one-year delay of ELD implementation for livestock haulers.
    • November 2017 – NCBA helps secure 90-day waiver from ELD implementation
    • March 2018 – NCBA and allied groups successfully petition for another 90-day wavier from ELD implementation.

 

  • Section 199A Fix: The 199A fix included in the bill will equalize tax treatment of commodity sales to cooperatives and non-cooperatives, while also providing flow-through deduction from co-ops to their members similar to the old Section 199 deduction for domestic production activities.

NCBA Applauds Another 90-Day Delay in Electronic Logging Device Mandate

Mandate Was To Have Taken Effect on Sunday, March 18

National Cattlemen’s Beef Association President Kevin Kester today issued the following statement regarding the U.S. Department of Transportation’s announcement that the Electronic Logging Device (ELD) mandate will be delayed another 90 days for agricultural haulers:

“This is obviously good news for America’s cattle haulers and producers, and it will provide FMCSA (the Federal Motor Carrier Safety Administration) more time to educate our livestock haulers on the ELDs while industry works on solutions to the current Hours of Service rules that simply do not work for those hauling live animals.

“We would like to thank Transportation Secretary Elaine L. Chao and FMCSA Administrator Ray Martinez for listening to our concerns and working with us to find a permanent, workable solution.”

NOTE: Click here to learn more about the ELD mandate and NCBA’s work on the issue.