38450 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 

level of safety equivalent to, or greater 

than, the level of safety achieved 

without the exemption. FMCSA noted 

in its June 27, 2017, notice that CLP 

holders who have passed the CDL skills 

test are qualified and eligible to obtain 

a CDL. If those CLP holders obtained 

their CLPs and training in their State of 

domicile, they could immediately 

receive their CDL at the State driver 

licensing agency and begin driving a 

CMV without any on-board supervision. 

In its March 9, 2022, application for 

renewal, Prime states that it has not 

discovered any safety issues while 

operating under the exemption and that 

it will continue to monitor its safety 

data. Prime further states that its ‘‘lead 

seat’’ trainers commonly own their 

trucks and are therefore interested in 

ensuring that the CLP holder operates 

the CMV safely. In addition, Prime 

states that once its CLP holders have 

passed the CDL skills test, they continue 

into their second phase of training, in 

which they typically log more than 

30,000 miles before becoming a solo 

driver. 

FMCSA is unaware of any evidence of 

a degradation of safety attributable to 

the current exemption for Prime drivers. 

There is no indication of an adverse 

impact on safety while operating under 

the terms and conditions specified in 

the initial exemption or exemption 

renewal. Furthermore, on two previous 

occasions the Agency granted a similar 

exemption, to CRST Expedited [81 FR 

65696, September 23, 2016] and to C.R. 

England [80 FR 33329, June 11, 2015]. 

FMCSA concludes that provisionally 

extending the exemption granted on 

June 27, 2017, for another five years, 

under the terms and conditions listed 

below, will likely achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption. 

V. Exemption Decision 

A. Grant of Exemption 

FMCSA provisionally renews the 

exemption for a period of five years 

subject to the terms and conditions of 

this decision and the absence of public 

comments that would cause the Agency 

to terminate the exemption under Sec. 

V.F. below. The exemption from the 

requirements of 49 CFR 383.25(a)(1), is 

otherwise effective June 28, 2022, 

through June 27, 2027, 11:59 p.m. local 

time, unless renewed or rescinded. 

B. Applicability of Exemption 

The exemption excuses Prime from 

the requirement that a driver 

accompanying a CLP holder must 

always be physically present in the front 

seat of a CMV, on the condition that the 

CLP holder has successfully passed an 

approved CDL skills test. 

C. Terms and Conditions 

When operating under this 

exemption, Prime and its drivers are 

subject to the following terms and 

conditions: 

(1) Prime and its drivers must comply 

with all other applicable Federal Motor 

Carrier Safety Regulations (49 CFR part 

350–399); 

(2) The drivers must be in possession 

of a valid State driver’s license, CLP 

with the required endorsements, and 

documentation that they have passed 

the CDL skills test; 

(3) The drivers must not be subject to 

any OOS order or suspension of driving 

privileges; and 

(4) The drivers must be able to 

provide this exemption document to 

enforcement officials. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation 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. 

E. Notification to FMCSA 

Prime must notify FMCSA within 5 

business days of any crash (as defined 

in 49 CFR 390.5) involving any of its 

CMVs operating under the terms of this 

exemption. The notification must 

include the following information: 

(a) Name of the exemption: ‘‘Prime’’; 

(b) Date of the crash; 

(c) City or town, and State, in which 

the crash occurred, or closest to the 

crash scene; 

(d) Driver’s name and license number; 

(e) Vehicle number and State license 

number; 

(f) Number of individuals suffering 

physical injury; 

(g) Number of fatalities; 

(h) The police-reported cause of the 

crash; 

(i) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

(j) The driver’s total driving time and 

total on-duty time prior to the crash. 

Reports filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

F. Termination 

FMCSA does not believe the drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. The exemption will be 

rescinded if: (1) Prime and drivers 

operating under the exemption fail to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objects of 49 U.S.C. 31136(e) and 31315. 

VI. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Prime, Inc.’s application for an 

exemption from the requirement in 49 

CFR 383.25(a)(1) that would allow CLP 

holders who have successfully passed a 

CDL skills test and are eligible to 

receive, but have not yet obtained, a 

CDL to drive a CMV without a CDL 

holder in the front passenger seat. All 

comments received before the close of 

business on the comment closing date 

indicated at the beginning of this notice 

will be considered and will be available 

for examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–13709 Filed 6–27–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0031] 

Long Island Rail Road’s Request To 

Amend Its Positive Train Control 

Safety Plan and Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on June 9, 2022, 

Long Island Rail Road (LIRR) submitted 

a request for amendment (RFA) to its 

FRA-approved Positive Train Control 


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Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 38451 

Safety Plan (PTCSP). As this RFA may 

involve a request for FRA’s approval of 

proposed material modifications to an 

FRA-certified positive train control 

(PTC) system, FRA is publishing this 

notice and inviting public comment on 

the railroad’s RFA to its PTCSP. 

DATES: FRA will consider comments 

received by July 18, 2022. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: Comments: Comments may 

be submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0031. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/train-control/ 

ptc/ptc-annual-and-quarterly-reports. 

All comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

Title 49 United States Code (U.S.C.) 

Section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with Title 49 Code of Federal 

Regulations (CFR) part 236, subpart I, 

before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under 49 CFR 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal and 

train control system. Accordingly, this 

notice informs the public that, on June 

9, 2022, LIRR submitted an RFA to its 

PTCSP for its Advanced Civil Speed 

Enforcement System II (ACSES II) and 

that RFA is available in Docket No. 

FRA–2010–0031. 

Interested parties are invited to 

comment on LIRR’s RFA to its PTCSP 

by submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2022–13703 Filed 6–27–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0035] 

Guidance on Development and 

Implementation of Railroad Capital 

Projects 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed guidance. 

SUMMARY: FRA proposes guidance on 

the development and implementation of 

railroad capital projects that are funded, 

in whole or in part, by FRA. FRA seeks 

comment from the public on the content 

and application of the proposed 

guidance (‘‘guidance’’), which is 

available for review at https://

regulations.gov under docket number 

FRA–2022–0035. 

DATES: Comments are encouraged and 

will be accepted until August 12, 2022. 

ADDRESSES: Comments should refer to 

docket number FRA–2022–0035 and be 

submitted at https://regulations.gov. 

Search by using the docket number and 

follow the instructions for submitting 

comments. All submissions must 

include the agency name and docket 

number FRA–2022–0035. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

David Valenstein, Senior Advisor, 

Office of Infrastructure Investment, by 

email: david.valenstein@dot.gov or by 

telephone: 202–493–6368. 

SUPPLEMENTARY INFORMATION: FRA has 

identified the time-sensitive need to 

establish clear practices and procedures 

for the development and 

implementation of railroad capital 

projects through the issuance of agency 

guidance. Over the next five years, the 

Infrastructure Investment and Jobs Act 

(IIJA) (Pub. L. 117–58, also known as the 

‘‘Bipartisan Infrastructure Law’’) will 

provide unprecedented Federal funding 

for rail improvement projects in 

America. FRA intends for its final 

guidance to assist project sponsors in 

developing effective capital projects and 

to enhance the management of capital 

projects to meet budgets and schedules. 

The audience of the guidance 

includes project sponsors and partners, 

as well as the wide range of 

professionals who contribute to the 

planning, development, and 

implementation of railroad capital 

projects. The guidance: (1) defines the 

stages in the railroad capital project 

lifecycle and project development 

process from inception to operation; (2) 

describes the project management tools, 

processes, and documentation that FRA 

may require when providing grants that 

fund the development or 

implementation of a railroad capital 

project; (3) differentiates between NonMajor projects and Major projects by 

defining a ‘‘Major Project’’ as a railroad 

capital project with an estimated total 

project cost equal to or greater than $300 

million and with at least $100 million 

in total Federal assistance. 

FRA intends to strongly encourage 

project sponsors to follow the guidance 

when developing, implementing, and 

managing railroad capital projects. FRA 

may use the guidance to inform its grant 

application reviews and decisions in 

accordance with a process described in 

a notice of funding opportunity for the 

relevant grant program, and may require 

compliance with the guidance as part of 

grant agreements funding railroad 

capital projects in accordance with 2 

CFR parts 200 and 1201. The practices 

contained in the guidance draw from 

FRA’s experience and from established 


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