7626 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices 

seven days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35992, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606. 

According to WCL, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c). 

Board decisions and notices are 

available on our Web site at 

‘‘WWW.STB.DOT.GOV.’’ 

Decided: February 9, 2016. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2016–02903 Filed 2–11–16; 8:45 am] 

BILLING CODE 4915–01–P 

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 airmile 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 81⁄2 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, 


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Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices 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-thantruckload 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 


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