[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7626-7627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02896]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0460]


Hours of Service of Drivers: Farruggio's Express, Application for 
Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from 
Farruggio's Express (Farruggio) for an exemption from timecard 
requirements for its drivers who may not meet all of the conditions for 
utilization of the 100 air-mile radius log book exemption in that 
section. The request would exempt Farruggio's drivers who stay within 
the 100 air-mile radius, but may occasionally exceed the 12 hour 
limitation, from having to complete a daily record of duty status 
(RODS). Farruggio states that its entire fleet of commercial motor 
vehicles (CMVs) is equipped with Global Positioning System (GPS) 
vehicle tracking devices, which it believes justifies the request for 
this exemption and provides an equivalent or greater level of safety 
than would be obtained by complying with the regulations. FMCSA 
requests public comment on Farruggio's application for exemption.

DATES: Comments must be received on or before March 14, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2015-0460 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
     Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. Email: [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2015-0460), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2015-0460'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. An option to upload a 
file is provided. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope. FMCSA will 
consider all comments and material received during the comment period 
in deciding whether to grant or deny this application.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2015-0460'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application,

[[Page 7627]]

including any safety analyses that have been conducted. The Agency must 
also provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    Farruggio provides service to railroad ramps and maritime piers in 
the eastern United States. Its regional programs also include truckload 
and less-than-truckload service (dry van, flat bed and reefers) as well 
as piggyback and container service. Farruggio expects that all of their 
drivers--approximately 95 to 100--and CMVs would operate under the 
terms of the requested exemption.
    According to Farruggio, virtually all of its drivers operate within 
a 50- to 60-mile radius of their home terminal. They are home every day 
and for the most part meet the current exemption requirements and 
conditions of the 100 air-mile radius driver (49 CFR 395.1(e)(1)). Some 
of these drivers record their hours worked on an ``exempt'' record of 
duty status (RODS), while others record time in and time out and total 
hours worked for the day on a worksheet provided by Farruggio. This 
exemption request would enable Farruggio's drivers who stay within the 
100 air-mile radius, but occasionally exceed the 12-hour limitation, 
from having to complete a daily RODS on days when they exceed the 12-
hour limit. On a weekly basis, Farruggio averages about 12% of their 
drivers exceeding the 12-hour limitation, primarily due to waiting 
times at rail yards and piers. The drivers who occasionally exceed the 
12-hour limitation return to the terminal within the 14-hour work 
limit. On average Farruggio sees less than .03% of its drivers 
exceeding the 14-hour limit. In the exemption request, Farruggio states 
that these drivers will not exceed the 14-hour rule limit.
    While Farruggio meets the requirements of the 100 air-mile radius 
exemption, and believes that its drivers' hours are being recorded 
accurately, the company has embarked on the use of a vehicle recording 
device called the Geo Tab 7 that it says exceeds the recording 
requirements of the exempt RODS. Farruggio states that the use of this 
device further increases the safety performance of its drivers and 
accurately records all of their activities including on-duty and 
driving time as well as total hours for that day. The Geo Tab 7 has 
been installed in all of Farruggio's CMVs. According to the 
application, this system will exceed the requirements of FMCSA's final 
rule on Electronic Logging Devices published on December 16, 2015 (80 
FR 78292). It allows Farruggio to track vehicles through the use of GPS 
positioning, monitors all vehicle activities through connection to the 
engine control module and accurately reports hours driven and hours 
worked daily.
    Farruggio states that the use of a daily RODS or exempt log book 
does not enable the company to monitor and respond to certain events in 
a timely manner, since it is unaware of them until the RODS are audited 
when turned in by the drivers at the end of the week. Conversely, with 
the use of the electronic system, Farruggio sees events as they occur 
in real time and can respond immediately.
    Farruggio believes that the use of the electronic system, along 
with its increased focus on driver training and education, goes beyond 
simple compliance with the Federal regulations and raises the company's 
efforts to more than basic compliance. The system has allowed and will 
continue to allow Farruggio to provide additional timely oversight of 
safety issues and has improved and will enable it to enhance safety and 
reduce fatigue. Farruggio believes that the request for exemption goes 
beyond what is minimally required by the present exempt RODS 
provisions, and will increase safety, compliance and protect the 
motoring public.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    Farruggio states that it is committed to a partnership with FMCSA 
that will enhance overall vehicle safety and protect the lives of all 
that company drivers interact with.
    If this exemption is granted, Farruggio proposes to implement the 
following conditions on the use of this exemption:
     Allow FMCSA and the State enforcement partners access to 
its data as both a monitoring and training tool. This would be provided 
to the Agency and State partners by granting them access at any time 
through Farruggio's Web portal or conducting an on-site Compliance 
Review of the carrier;
     Farruggio will maintain a Satisfactory safety rating;
     Farruggio's drivers will carry a copy of the exemption 
with them when operating the CMV;
     Farruggio will conduct a minimum of four safety meetings 
per year at each of their individual terminals;
     Farruggio will continue its ongoing immediate notification 
and training for any of its drivers who exceeds a speed limit; and
     Farruggio will continue its ongoing immediate notification 
and training for any of its drivers who may exceed the HOS limits.
    Relating to some of these conditions listed, the electronic 
reporting system further enables Farruggio to track and advise its CMV 
drivers of the following events: (1) Idling over 5 minutes, (2) 
speeding, (3) dangerous driving including hard braking, harsh cornering 
and harsh acceleration, and (4) seat belt use. Every time a driver 
exceeds posted speed limits an email alert is sent to Farruggio's 
safety department, and company and terminal management. Drivers are 
notified via email and phone when safe to do so, advising them of the 
need to slow down. Drivers also receive email notifications, letters, 
and phone calls for instances of harsh cornering and hard braking. When 
notified of these critical events, Farruggio's drivers receive critical 
information on why and how to improve vehicle handling to avoid 
rollovers, and how to better judge following distance and other issues 
to avoid hard braking. Since implementation of the electronic system 
and Farruggio's notification of speeding events, speeding has been 
decreased over 95%.
    A copy of Farruggio's application for exemption is available for 
review in the docket for this notice.

    Issued on: February 3, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-02896 Filed 2-11-16; 8:45 am]
 BILLING CODE 4910-EX-P