Legislative Updates Updated February 12, 2012

DOT

The Illinois Secretary of State CDL office has notified IFCA of issues drivers are having when they go to a facility to update medical card information.  To avoid issues at a CDL facility when submitting medical card information go to the IFCA website and click on the second article under the SOS Medical Card Self-Certification Procedures.  Following these instructions can save a lot of headache. 
 

Anhydrous ammonia nurse tanks manufactured between June 2009 and September 2010 by American Welding & Tank, LLC have experienced some defects.  American Welding & Tank has asked the industry to distribute information on the inspection and warranty of these nurse tanks.  Please click on the attachment to this email view the notice and inspection program.  IFCA is here to assist with any issues you have relative to ammonia equipment, operations and safety so please...More
 aw&t_notice.pdf (30.16KB)

Earlier this week IFCA reported the announcement of USDOT's cell phone ban regulation.  The rule was published in the Federal Register on December 2, 2011 making the rule effective January 3, 2012.  The regulation applies to commercial motor vehicle operators engaged in interstate commerce as well as intrastate haulers of placarded hazardous materials such as anhydrous ammonia.  The regulation specifically states, no driver shall use a hand-held mobile telephone...More

U.S. Transportation Secretary Ray LaHood announced a rule which prohibits the hand-held use of cell phones by operators of Commercial Motor Vehicles.  The latest action follows a 2010 rule that prohibits texting while driving a commercial vehicle.  The rule comes with the same set of fines and penalties of up to $2,750 for a driver and up to $11,000 for a carrier that enables or forces drivers to engage in the behavior.  Multiple offenses can lead to a disqualification...More

Please click on the attached pdf files to view a copy of the memo to IFCA members, memo to CT inspectors, a copy of the addendum, special permit and USDOT final rule.
 
 CT Facility Memo (165.16KB)
 Addendum (573.84KB)
 Special Permit 13554 (150.59KB)
 Explanation of Addendum (174.45KB)
 dot_final_rule_missing_data_plates.pdf (100.81KB)

Please be advised that drivers loading ammonia and other products at river terminals under the jurisdiction of the US Coast Guard Lake Michigan Port will require Transportation Worker Identification Credentials this fall---by October 31, 2008.  This includes the terminals at Marseilles, Seneca and Peru.  While anhydrous ammonia is the product that triggers this regulation, at the Marseilles, IL terminal for example you will also need a TWIC to load all products, not just...More

Taking implements of husbandry, such as NH3 nurse tanks, across state lines has been a controversial topic over the last few years.  DOT has just recently clarified that implements of husbandry are not commercial motor vehicles (CMV) and therefore not subject to the CMV regulations.  The Federal Motor Carrier Safety Administration's (FMCSA) authority covers persons who operate a commercial motor vehicle in interstate commerce.  Therefore, when an implement...More

According to the Illinois Secretary of State Office, any person applying for a CDL for the first time and/or renewing their current CDL on or after January 30, 2012 must certify, for medical card purposes, with the Illinois Secretary of State's Office no later than January 30, 2014.  In order to self certify, applicants must appear at any of the Secretary of State's CDL facilities and certify one of the following four categories as part of the new medical card requirement.
 
1.  Non-excepted...More

The Federal Motor Carrier Safety Administration (FMCSA) announced on May 31, 2011 a request for comments on regulatory guidance pertaining to the applicability of FMCSA regulations for operators of certain farm vehicles and off-road agricultural equipment (implements of husbandry).  Today, FMCSA announced the comment period has been extended from June 30, 2011 to August 1, 2011.  Thanks to all the IFCA members who have already submitted comments on behalf of the industry. ...More

The Fertilizer Institute (TFI) reports that on Tuesday, Department of Homeland Security (DHS) conducted a conference call with industry representatives to discuss technical issues with the Risk Assessment methodology used for establishing Tier Rankings in the Chemical Facility Anti-Terrorism Standards (CFATS) program.  There was a correction made to the methodology that resulted in a...More


If your company offers for transportation or transports a shipment of placarded hazardous material, you must complete the annual HAZMAT registration and pay the registration fee.  The deadline to submit your annual HAZMAT registration and fee is July 1, 2011.  The annual registration fee for a small business (less than 100 employees) is $275.More


The attached photograph appeared in this week’s Commercial Vehicle Safety Alliance (CVSA) newsletter.  CVSA is an association of state highway enforcement personnel.  They, along with federal Department of Transportation (DOT) enforcement personnel, are increasing their inspections of ammonia facilities and specifically facilities with nurse tanks.  An article published with this photograph indicated that 113 nurse tanks were inspected...More


The USDOT Pipeline Hazardous Materials Safety Administration (PHMS) is proposing additional requirements for loading and unloading cargo tanks (i.e. NH3 nurse tanks).  The proposal includes the following requirements for motor carriers and facilities that engage in loading and unloading cargo tanks that transport hazardous materials.
 
  • Assess the risks of loading and unloading operations and develop written operating procedures
  • Train...More

IFCA received a call today from the Illinois DOT asking us to remind our members once again of the new laws governing the filing of your Motor Carrier Identification Report.  There is an article in the Spring 2009 IFCA Newsletter on this subject.  Enforcement is already taking place and some carriers have been issued thousands in penalties for failing to meet the new schedule for filing this report. 

As of June 17, 2009 all interstate motor carriers (as...More

tags DOT

Please click on the link to view the two year Hours of Service Exemption for Anhydrous Ammonia Delivery 
 686_1.pdf (79.66KB)

Click here to see what IDOT expects when it comes knocking at your door for a hazmat audit.  
 537_1.pdf (108.19KB)
tags DOT

On Jan 1, 2010 the 80,000 lb highway access rules goes into law.  Click here for an excellent fact sheet provided by Illinois Farm Bureau. 

 
 520_1.pdf (80.28KB)
tags DOT

USDOT officers are conducting nurse tank inspections in the Midwest.  Click here for more info. 
 429_1.pdf (150.65KB)

Click here to see the IFCA Regulatory Alert and December 2008 letter from USDOT containing information and photographs on anhydrous ammonia nurse tank compliance issues.  
 325_1.pdf (30.3KB)
 325_2.pdf (245.43KB)

This document explains the hours of service exception for transporting agricultural inputs including anhydrous ammonia. 
 316_1.pdf (29.04KB)

On Wednesday, October 1, 2008, IFCA hosted a transportation regulatory workshop covering regulatory topics such as the Transportation Worker Identification Credentials (TWIC), proposed requirements for CDL holders, DOT Compliance Reviews, Safety Permits and transportation of Hazardous Materials.  Click on these Power Point presentations to view topics presented at the regulatory workshop. 
 274_1.ppt (270.5KB)
 274_2.ppt (4.14MB)

Effective Wednesday, October 1, 2008, no person may offer a motor carrier any hazardous material specified in FMCSA 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.  The HAZMAT safety permit requirement took effect back in January 2005.  Anyone hauling a hazardous material such as anhydrous ammonia or hazardous materials listed in FMCSA 49 CFR 385.403 are required to obtain a hazardous material safety permit. ...More

Farmers who transport grain to and from a grain elevator are now defined by USDOT as Interstate Motor Carriers, even if staying within Illinois, as it is considered the first leg or last leg of interstate commerce unless the grain will be processed into another commodity.  If your customers have questions about this new regulation, click on this link to view the UCR Q & A published by the Illinois Farm Bureau. 
 235_1.pdf (271.81KB)

Click on this link to print a copy of the UCR form and instructions for completing the form. 
 233_1.pdf (441.98KB)

Click on this link to download the HAZMAT Registration form and instructions. 
 202_1.pdf (1.13MB)

Click on this PDF to view R-Stamp Welders and DOT CT facilities that are certified to weld on anyhdrous ammonia nurse tanks in Illinois and perform testing for the Nurse Tank Inspection Program. 
 169_1.pdf (17.79KB)

Clarification and Application for Restricted Use CDL 
 111_1.pdf (241.14KB)