Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 38449 

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. 

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: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, 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. E.T., Monday 

through Friday, except Federal holidays. 

• 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 MCPSD@dot.gov. 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 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, selfaddressed 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 


khammond on DSKJM1Z7X2PROD with NOTICES
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 


khammond on DSKJM1Z7X2PROD with NOTICES