[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12355-12356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4871]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0376]


Hours of Service of Drivers: Underwater Construction Corporation 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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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.

DATES: Comments must be received on or before March 30, 2012.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2011-0376 by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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-

[[Page 12356]]

140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on December 29, 2010 (75 FR 82133).
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: [email protected].

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 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)).

Request for Exemption

    UCC operates as a commercial diving contractor that provides 
underwater inspection, maintenance, construction, and technical support 
services. The company has offices in Connecticut, Michigan, and 
Tennessee, and performs diving services for clients around the world. 
UCC maintains a total of 37 commercial motor vehicles with gross 
vehicle weight or gross combination weight ratings of 10,001 pounds or 
more, and employs 165 personnel who operate these vehicles.
    UCC's driving operations are performed for the sole purpose of 
transporting personnel and equipment to and from job sites and account 
for two percent of the man-hours worked each year. UCC claims that 88 
percent of its work is performed for utilities and that the majority of 
its driving falls under the USV exemption in 49 CFR 395.1(n). Instead 
of complying with the provisions in 49 CFR 395.8 for the 12 percent of 
hours not covered under the USV exemption, UCC would like to use its 
payroll system to record the drivers' records of duty status. According 
to UCC, if granted the exemption from 49 CFR 395.8, it would continue 
to track employee hours, which include time spent driving and working, 
through its payroll system to ensure they are not in violation of the 
HOS rules.
    A copy of UCC's exemption application is available for review in 
the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on the UCC's application for an exemption from 
the driver's record of duty status rule in 49 CFR part 395. The Agency 
will consider all comments received by close of business on March 30, 
2012. Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. The Agency 
will consider to the extent practicable comments received in the public 
docket after the closing date of the comment period.

    Issued on: February 22, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-4871 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-EX-P