Hours of Service of Drivers: Farruggio's Express, Application for Exemption |
|---|
Topics: Farruggio's Express
|
Larry W. Minor
Federal Motor Carrier Safety Administration
12 February 2016
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: MCPSD@dot.gov. 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