Hours of Service of Drivers: Application for Exemption; Farruggio's Express |
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Topics: Farruggio's Express
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
10 August 2016
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52953-52955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18978]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0460]
Hours of Service of Drivers: Application for Exemption;
Farruggio's Express
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Farruggio's Express
(Farruggio), an exemption from the timecard requirements for its
drivers who may not meet all of the conditions for use of the logbook
exception for operations within a 100 air-mile radius of the normal
work reporting location. This exemption enables 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). Instead, the drivers would at all times use an electronic
logging system called Geotab to track HOS data, including real-time
vehicle locations. FMCSA has analyzed the exemption application and the
public comments and has determined that the exemption, subject to the
terms and conditions imposed, will likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.
DATES: The exemption is effective from August 10, 2016 through August
10, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from 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, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the
[[Page 52954]]
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 reason
for the grant or denial, and, if granted, the specific person or class
of persons receiving the exemption, and the regulatory provision or
provisions from which exemption is granted. The notice must also
specify the effective period of the exemption (up to 5 years), and
explain the terms and conditions of the exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Request for Exemption
Farruggio services railroad ramps and maritime piers in the eastern
United States. Its regional programs include truckload and less-than-
truckload service (dry van, flat bed and reefers) as well as piggyback
and container service. All of Farruggio's drivers--approximately 95 to
100--and CMVs would operate under the terms of the requested exemption.
Virtually all of Farruggio's 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 requirements and conditions for the logbook
exception in 49 CFR 395.1(e)(1). Some of these drivers record their
hours worked, while others record time in and out and total hours
worked for the day on a worksheet provided to Farruggio. The company's
application would exempt company drivers who stay within the 100 air-
mile radius, but who may occasionally exceed the 12-hour limitation,
from having to complete a daily RODS. These drivers nonetheless return
to the terminal within the normal 14-hour driving window.
While Farruggio meets the requirements of the 100 air-mile radius
exception, and believes that its drivers' hours are being recorded
accurately, it has adopted a vehicle recording device that it claims
exceeds the current HOS logbook recording requirements. Farruggio
stated that the use of this device--the Geotab7--increases safety and
accurately records all of the drivers' activities, including on-duty
and driving time as well as total hours for that day. This device has
been installed in all of Farruggio's CMVs, and, according to the
applicant, exceeds even the requirements of FMCSA's Electronic Logging
Device (ELD) rule. The Geotab 7's global positioning system (GPS)
technology allows Farruggio to track vehicles, monitor all vehicle
activities through connection to the engine control module, and
accurately report drivers' hours driven and hours worked daily.
Farruggio believes that the use of the Geotab 7 system, along with
its increased focus on driver training and education, demonstrates its
commitment to more than simple compliance with the Federal regulations.
The system has allowed and will continue to allow Farruggio to enhance
timely safety oversight and reduce driver fatigue. Farruggio believes
that its exemption application incorporates safety technologies that go
beyond minimal compliance, and will enable the company to maintain a
level of safety that is equivalent to or greater than the level of
safety provided under the rule.
Public Comments
On February 12, 2016, FMCSA published notice of this application
and requested public comment (81 FR 7626). The Agency received 17
comments. Supporting the exemption request were four motor carriers
(TCW, Inc., Tiger Cool Express, Rail Delivery Services for itself and
four other carriers, and Evans Delivery Company), two insurance firms
(Baldwin & Lyons and Marsh McLennan Agency), the Intermodal Association
of North America, and six individuals (Fred Marsicano, Ron Dorazio,
Thomas Michel, Matt Carlton, Charles Bernier, and Val Noel). Opposed
were one carrier (Randy Mower) and three individuals (Karl Penner, Lt.
Raymond Cook, and Robert Vice).
Those supporting the request believe the ongoing and diligent use
of Farruggio's telematics system is superior to a manual ``honor
system'' to record driver work day information because it automates
data collection and is therefore more precise and less error prone than
a paper RODS system. They further believe the use of the Geotab7 system
for safety management through identification of driving events is
better at reducing crashes than a system which depends on citations,
public reports of reckless driving, or actual crashes as indicators of
inappropriate driving behaviors. Farruggio's proposed terms indicate a
strong commitment to safety, compliance, and transparency as indicated
by its willingness to give FMCSA and our State enforcement partners
access to its data to use as a training and monitoring tool. Lastly,
the use of this technology will aid Farruggio to proactively identify
safety and compliance issues and to address them before they become
more serious. ELD technology is a better means to record and maintain
driver HOS, as well as the standard FMCSA will soon require motor
carriers to meet.
Commenters opposing the request stated that extending the work day
for a local or regional driver but not an over-the-road driver does not
improve safety, as these rules are in place for safety reasons, not for
convenience. Others said that studies consistently point to driver
fatigue as a major safety concern because it contributes to a
significant percentage of fatal truck crashes in this country. The HOS
rules are designed to prevent crashes and save lives. Motor carriers
across the country face wait times at rail yards, warehouses, and other
locations, and each has found ways to adjust its operations in
anticipation of these expected operational delays. Granting Farruggio's
request would establish a bad precedent and necessitate the extension
of this recordkeeping relief to others. Therefore, granting this or any
other exemption to the HOS rules only serves to diminish their
efficacy.
All comments are available for review in the docket for this
notice.
FMCSA Decision
FMCSA has evaluated Farruggio's application for exemption and the
public comments and decided to grant the exemption. The Agency believes
that Farruggio's overall safety performance as reflected in its Safety
Management System (SMS) ratings and its adoption of several fatigue and
crash counter-measures, will enable it to achieve a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption (49 CFR 381.305(a)).
FMCSA believes that Farruggio's use of the Geotab 7 system raises
the company's efforts to more than basic compliance. With the use of
the electronic system, Farruggio's management is notified of safety-
critical events as they occur so that they can take immediate
corrective action.
This exemption would not extend the driving window beyond the basic
limit of 14 hours. It substitutes a technological HOS recordkeeping
system for a system using only time cards, and provides additional
safety measures stated in the terms of the exemption. FMCSA has
therefore decided to grant the exemption, subject to the terms and
conditions outlined below.
Terms and Conditions of the Exemption
Terms of the Exemption
Farruggio's drivers who stay within the 100 air-mile
radius, but may occasionally exceed the 12 hour limitation are exempt
from having to complete a daily record of duty status
[[Page 52955]]
(RODS) at those times if, at all times, their hours of service data is
being recorded by the Geotab system.
This exemption does not permit driving past the 14-hour
limit.
The exemption is contingent upon Farruggio maintaining
USDOT registration, minimum levels of public liability insurance, and
not being subject to any ``imminent hazard'' or other out-of-service
(OOS) order issued by FMCSA.
Drivers must have a copy of this notice or equivalent
signed FMCSA exemption document in their possession while operating
under the terms of the exemption. The exemption document must be
presented to law enforcement officials upon request.
Farruggio must have a ``Satisfactory'' safety rating with
FMCSA, or be ``unrated.'' (Void if FMCSA discontinues this type of
ratings.)
Farruggio must not have an ``alert'' in the SMS ``BASIC''
for HOS, as displayed at http://ai.fmcsa.dot.gov/sms/.
Drivers operating under the exemption must comply with all
other applicable provisions of the FMCSRs, including those pertaining
to Automatic Onboard Recording Devices and Electronic Logging Devices.
Period of the Exemption
This exemption from the requirements of 49 CFR 395.1(e)(1) is
effective from August 10, 2016 through August 10, 2021.
Extent of the Exemption
This exemption is limited to the provisions of 49 CFR 395.1(e)(1)
(Short haul operations; 100 air-mile radius driver). These drivers must
comply with all other applicable provisions of the FMCSRs, including
those pertaining to Automatic Onboard Recording Devices and Electronic
Logging Devices.
Preemption
In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Notification to FMCSA
Under this exemption, Farruggio must notify FMCSA within 5 business
days of any accident (as defined in 49 CFR 390.5), involving any of the
motor carrier's drivers operating under the terms of this exemption.
The notification must include the following information:
(a) Identity of Exemption: ``FARRUGGIO''
(b) Date of the accident,
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene,
(d) Driver's name and license number,
(e) Co-driver's name and license number,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The total driving time and total on-duty time period prior to
the accident.
Accident notifications shall be emailed to MCPSD@dot.gov.
Termination
FMCSA believes that Farruggio's drivers will continue to maintain
their previous safety record while operating under this exemption.
However, should problems occur, FMCSA will take all steps necessary to
protect the public interest, including revocation or restriction of the
exemption. FMCSA will immediately revoke or restrict the exemption for
failure to comply with its terms and conditions.
Issued on: July 29, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-18978 Filed 8-9-16; 8:45 am]
BILLING CODE 4910-EX-P