[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38449-38450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13709]



[[Page 38449]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0420]


Commercial Driver's License (CDL): New Prime, Inc. (Prime); 
Application for Exemption Renewal

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

ACTION: Notice of provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew a New 
Prime, Inc., (Prime) exemption from the provisions that require a 
commercial learner's permit (CLP) holder to be accompanied by a 
commercial driver's license (CDL) holder with the proper CDL class and 
endorsements seated in the front seat of the vehicle while the CLP 
holder performs behind-the-wheel training on public roads or highways. 
The exemption allows a CLP holder who has passed the skills test but 
not yet received the CDL document to drive a Prime commercial motor 
vehicle (CMV) accompanied by a CDL holder who is not necessarily in the 
passenger seat, provided the driver has documentation of passing the 
skills test. The exemption renewal is for 5 years.

DATES: This renewed exemption is effective June 28, 2022 and expires on 
June 27, 2027. Comments must be received on or before July 28, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2016-0420 by any of the following 
methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2016-0420) 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption 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 
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 385-2415 or by email at 
<a href="/cdn-cgi/l/email-protection#c18c8291928581a5aeb5efa6aeb7"><span class="__cf_email__" data-cfemail="2c616f7c7f686c484358024b435a">[email protected]</span></a>. If you have questions on viewing or submitting material 
to the docket, contact Dockets Operations at (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-2016-0420), 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 comment online, go to www.regulations.gov and put 
the docket number (``FMCSA-2016-0420'') in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``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. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49 
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier 
Safety Regulations for a 5-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.'' 
Prime has requested a five-year extension of the current exemption in 
Docket No. FMCSA-2016-0420.

III. Background

Current Regulatory Requirements

    FMCSA's CDL regulations provide minimum training conditions for 
behind-the-wheel training of a CLP holder in 49 CFR 383.25. Section 
383.25(a)(1) requires that a CLP holder must at all times be 
accompanied by a CDL holder with the proper CDL class and endorsements. 
The CDL holder must be seated in the front seat of the vehicle while 
the CLP holder performs behind-the-wheel training on public roads or 
highways.

Application for Renewal of Exemption

    FMCSA published notice of Prime's initial application for exemption 
from 49 CFR 383.25(a)(1) to this docket on December 20, 2016 (81 FR 
92947). That notice described the nature of Prime's operations. FMCSA 
published a notice granting Prime's exemption request on June 27, 2017 
(82 FR 29143), which expires on June 27, 2022. FMCSA found that Prime 
would likely achieve a level of safety that was equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the regulation because CLP holders who have passed the CDL skills 
test are qualified and eligible immediately to obtain a CDL from their 
State of domicile, and then to start driving without supervision.
    Prime requests a renewal of the exemption for a 10-year period. By 
statute, FMCSA may grant the renewal for no longer than 5 years (49 
U.S.C. 31315(b)(2)).

IV. Equivalent Level of Safety

    FMCSA determined in 2017 that Prime drivers would likely achieve a

[[Page 38450]]

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 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1e535d4e4d5a5e5a514a30595148">[email protected]</a>.

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


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