Action
Notice of application for exemption; request for comments.
Summary
FMCSA has received an application from the Underwater Construction Corporation ("UCC") for an exemption for 165 of its drivers from the hours-of-service (HOS) record of duty status provision in 49 CFR 395.8 that requires every commercial motor vehicle driver to record his/her duty status for each 24 hour period using methods prescribed in that section. UCC claims that approximately 88 percent of its work is performed for utilities, and that such driving operations fall under the "Utility Service Vehicle" (USV) exemption in 49 CFR 395.1(n). UCC would like to use its payroll system, which it claims tracks an employee's time spent driving and working, to record drivers' record of duty status for driving operations not covered by the USV exemption. UCC states that if granted an exemption from 49 CFR 395.8, it would continue to track employee hours through its payroll system to ensure compliance with the HOS rules. UCC believes its payroll system provides a reliable proactive approach to tracking employee hours.