BEFORE THE

UNITED STATES DEPARTMENT OF TRANSPORTATION

**FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION**

**WASHINGTON, D.C.**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**IN THE MATTER OF**

**TRUSE TRUCKING, INC.**

**DOT \# 1155011**

**(Federal Motor Carrier Safety Administration)**

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SECOND REQUEST FOR EMERGENCY STAY OF COMPLIANCE REVIEW

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**COMES NOW**, Truse Trucking, Inc. (DOT \# 1155011), through the
undersigned, and hereby petitions the Chief Safety Officer for the
second time for an immediate decision on its initial request for an
emergency stay of the North Carolina's demand to conduct a Compliance
Review on Truse Trucking (Truse) commencing immediately.

On information and belief, at or about 1:30 pm today, the FMCSA's North
Carolina Office will be serving Truse with an administrative subpoena
for records, notwithstanding the Agency's on-going yet uncompleted
compliance review of Morning First at the same time and location of
Truse. Safety investigator Keith Smith is purportedly conducting both
CRs, which at the same time is impractical and contrary to field
enforcement operating policies.

Ms. Tawanda Bagley, corporate fleet manager, has fallen ill today
because of the sever stress, pressure, fatigue, and sickness brought on
by the unrelenting actions of the FMCSA without justifiable reason or
cause. There is no reason to force Ms. Bagley to juggle record demands
of two company records at the same time. The exact same records will be
available to the investigator on October 29 or November 5.

Consequently, Truse respectfully requests immediate decision (by end of
today) on its emergency stay to allow Ms. Bagley sufficient time to do
her job efficiently and correctly.

The company remains cooperative and compliant. Ms. Bagley and others
will do their best to be responsive to the FMCSA's demand for records,
but not before the Chief Safety Officer has made her decision on the
reasonableness of the NC office's demand request.

This 18^th^ day of October 2007.

Respectfully submitted.

![](media/image1.png){width="2.1243055555555554in"
height="0.4791666666666667in"}

James E. Scapellato

> Attorney for Truse Trucking
>
> Scapellato Group
>
> 1946 Saxon Valley Circle NE
>
> Atlanta, GA 30319
>
> 404-327-8346 (O)
>
> 404-327-8348 (F)

I, James E. Scapellato, certify that on this 17^th^ day October 2007
that I served the below named party with a copy of Truse Trucking's
Request for Emergency Stay with supporting Affidavit of Tawanda Bagley
and on October 18^th^ a copy of Truse's Second Request for Emergency
Stay as follows:

U.S. Department of Transportation Original

Docket Operations M-30 Electronic Filing

West Building Ground Floor

Room W12-140

1200 New Jersey Avenue SE

Washington, DC 20590

Hon. Rose A. McMurray

Assistant Administrator

Attention: Steve Farbman,

Adjudication Counsel One Copy

U.S. Department of Transportation Facsimile

Docket Operations M-30

West Building Ground Floor

Room W12-140

1200 New Jersey Avenue SE

Washington, DC 20590

This 15^th^ day of October 2007.

![](media/image1.png){width="2.1243055555555554in"
height="0.4791666666666667in"}

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

James E. Scapellato

> Attorney for Complainant
>
> Scapellato Group
>
> 1946 Saxon Valley Circle NE
>
> Atlanta, GA 30319
>
> 404-327-8346 (O)
>
> 404-327-8348 (F)