Revised hours-of-service (HOS) rules announced by the Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) are now in place. The new rule reduces to 70 hours - a 12-hour reduction - the number of hours a driver can work during a seven-day week, but keeps the 11-hour daily driving limit - a move strongly opposed by the American Trucking Assn. (ATA). The rule also changes the 34-hour "restart" provision that had been opposed by livestock and poultry groups. "Restart" refers to drivers' ability to restart the clock on their driving hours if they take at least 34 hours off-duty. The new rule says that as of July 1, 2013, the 34-hour restart provision includes two 1 a.m.-5 p.m. periods because FMCSA says rest at night is better for the driver than rest during the day, and can only be taken once during a seven-day period. The maximum driving limit will continue to be 14 consecutive hours after coming on duty, and the final rule imposes a 30-minute break if the driver has worked more than eight consecutive hours since his/her last off-duty (sleeper berth) period of at least an hour. The battle over HOS changes isn't over, as legislation approved by the Senate Commerce, Science & Transportation Committee, but not acted on by the full Senate, would require that commercial trucks be outfitted with electronics to ensure compliance with HOS rules.

Two FDA notices of opportunity for hearing (NOOH) - pending since 1977 when FDA first announced it would ban certain uses of penicillin and tetracycline in animal feed - have been withdrawn by the agency, enraging critics, but setting the stage for further FDA actions. FDA announced last week its withdrawal of the NOOH was based on "statutory grounds," and saying it will now focus on "the potential for voluntary reform and the promotion of the judicious use of antimicrobials in the interest of public health." If that doesn't work, the agency said, it will consider regulation. FDA said it remains concerned about antimicrobial resistance, and said, "today's action should not be interpreted as a sign that FDA no longer has safety concerns or that FDA will not consider reproposing the withdrawal proceedings in the future.  

FDA has not ruled out the prospect of future regulatory action..." In a related development, Secretary of Agriculture Tom Vilsack, in a joint appearance with Secretary of HHS Kathleen Sebelius to unveil the White House Food Safety Work Group report, was asked about the FDA action in the context of recent food safety recalls said to be tied to a "resistant" form of microbial contamination. He said he'd like to see antibiotics used in the context of disease control and response, and that USDA is working with veterinarians and universities to ensure the judicious use of antibiotics. The department, however, says Vilsack's comments should not be taken to mean support for a ban or lack of support for FDA's action.

With its status as the epitome of overzealous federal regulation firmly in place, EPA continues to draw outrage from industry groups which contend it conducts its rulemaking in a vacuum with little concern for the cost, benefit or even need for its pending regulations. This week, the American Farm Bureau Federation (AFBF) said it's possible the agency may back away from its zeal to regulate during 2012, especially given it's an election year and President Obama has proved sensitive to criticism of the impact of EPA's rules on the economy and jobs creation. The relationship between EPA and agriculture is "tumultuous," said Mary Kay Thatcher, senior director of congressional relations for AFBF. If Obama is reelected in 2012, the next four years will be "very, very difficult," she said. The GOP-controlled House has passed legislation to limit EPA's ability to regulate greenhouse gas emissions, "farm dust," industrial boilers, cross-state pollution, low-level smog and other rulemakings, but these efforts have seen no Senate action. President Obama pulled the smog rulemaking, and EPA Administrator Lisa Jackson tried to calm congressional nerves by publicly stating her agency has no intention of regulating farm dust, but there is very little trust EPA will do what it says.

The percentage standards required by federal law under the Renewable Fuel Standard (RFS2) were finally published this week by EPA, several weeks after its deadline to set the new requirements for how much biofuel must be blended with gasoline by major fuel refiners. The 2012 overall volumes and standards are as follow: Biomass-based diesel - 1 billion gallons; 0.91%; advanced biofuels - 2 billion gallons; 1.21%; cellulosic biofuels - 8.65 million gallons; 0.006%, and total renewable fuels - 15.2 billion gallons; 9.23%. The full explanation of RFS2 and the totals can be found at  www.epa.gov/otaq/fuels/renewable/regulations.htm. 

While the House and Senate continue to battle over extending the payroll tax credit - including increased funding for broad federal disaster aid through FEMA - all seven North Carolina House Democrats last week proposed a separate federal disaster program for farmers and ranchers. The program is needed because farmers need money more quickly than other industries. Rep. G.K. Butterfield (D, NC) said, "Farmers often operate on shoestring budgets with tight margins and limited cash flow. If farmers are unable to go to market due to crop losses, and it takes several months to receive a Supplement Revenue Assistance payment or insurance, then they cannot pay employees, purchase new equipment or prepare for the next growing season." The current Farm Bill contains a disaster assistance section that includes feed assistance.

More than $7.1 billion has been paid out by the nation's crop insurance companies during 2011, second only to the $8.6 billion paid out in 2008, the National Crop Insurance Services (NCIS) said last week. Weather-related disasters topped the reasons for the near-record claims, said NCIS. Flooding in the Midwest along the Mississippi and Missouri Rivers, record drought in the southern plains, tropical storm damage in New England and a hard freeze in Florida were just some of the events agriculture was confronted with this year. Increased enrollment in crop insurance was possible because of federal premium subsidies, and by 2010, 256 million acres - valued at $80 billion - was under private crop insurance, NCIS said.

SACRAMENTO - Governor Edmund G. Brown Jr. today announced the following appointments.

As Director, CA Department of Conservation: Mark Nechodom, 56, Sacramento, Democrat, senior advisor to the undersecretary for the US Dept. of Agriculture. Salary: $136,156.

At CA Environmental Protection Agency:

As undersecretary: Gordon Burns, 51, Davis, Democrat, attorney, Resources Law Group. Salary: $145,000.

Burns has been an attorney for the Resources Law Group since 2010. He was deputy solicitor general at the U.S. Office of the Solicitor General from 2006 to 2010 and deputy attorney general at the California Department of Justice from 1996 to 2006. From 1994 to 1996, Burns was an attorney at Downey Brand Seymour and Rohwer. This position does not require Senate confirmation and the compensation is $145,000. Burns is a Democrat.

As assistant general counsel for enforcement: Matthew Maclear, 39, El Cerrito, Democrat, statewide environmental circuit prosecutor, CA District Attorneys Assn. Salary: $121,800.  

As chief deputy director, CA Department of Conservation: Jason Marshall, 42, Sacramento, decline-to-state, deputy director, CA Department of Resources Recycling and Recovery (CalRecycle). Salary: $109,752.

As assistant director for policy development, Department of Resources Recycling and Recovery (CalRecycle): Scott Smithline, 41, Sacramento, Democrat, consultant, Smithline Group. Salary: $100,008.

The 5th Gordon Currie "Salty" Crab Feed / North Bay District Meeting has been scheduled for Tuesday, January 17, 2012.  The event begins at 6:00 pm at Mister McGoos Restaurant located at 1375 Petaluma Boulevard North, Petaluma, CA.  The cost is $45.00 per person and reservations are due by January 9th in care of Darrel Freitas.  Click here for flyer