[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8479-8480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02365]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0096]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that by a letter dated December 14, 
2020, Brightline West (Brightline) petitioned the Federal Railroad 
Administration (FRA) for a waiver from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR parts 221, 229, 
231, and 238, and an exemption from certain requirements of chapter 
203, title 49 of the United States Code (U.S.C). FRA assigned the 
petition Docket Number FRA-2020-0096.
    Brightline's requests for relief relate to its planned operation of 
new high-speed trainsets on a new high-speed rail line between 
Victorville, California, and Las Vegas, Nevada. Brightline indicates 
that the fully electric trainsets will be capable of operating up to 
186 miles per hour. Further, Brightline indicates that Siemens Mobility 
will manufacture eight trainsets (referred to as ``Valero Trainsets''), 
and Brightline will have the option of ordering an additional twelve. 
Manufacturing of the Valero Trainsets is scheduled to start in January 
2022 in the Siemens plant in Krefeld, Germany, with a planned delivery 
of the trains to the United States for testing in April 2023. The 
projected start of passenger service is March 2024.
    According to Brightline, the subject rail corridor will be built 
within the right-of-way of Interstate Highway 15 and will be 
electrified, thus ensuring the rail line can operate in an energy 
efficient and sustainable manner. Because the infrastructure will be 
built and operated as a dedicated right-of way, Brightline further 
indicates that no mixed traffic with Tier I or II passenger trains will 
occur and the rail corridor will have no public highway-rail nor rail-
rail at-grade crossings. FRA also understands that no freight traffic 
will be moved on the track.
    Brightline indicates that the Valero Trainsets will be built to 
FRA's existing Tier III passenger equipment safety standards, codified 
under 49 CFR part 238, subpart H, and will meet certain consensus 
recommendations from the Railroad Safety Advisory Committee (RSAC) to 
FRA related to high-speed passenger equipment (those consensus 
recommendations to FRA are attached as Annex A to Brightline's waiver 
petition). Accordingly, Brightline's waiver request asks FRA to waive 
the existing applicable regulatory requirements of 49 CFR parts 221, 
229, 231, and 238, and instead apply to the Valero Trainsets, the 
alternative standards outlined in the referenced RSAC recommendations.
    Brightline also specifically requests that FRA waive the 
requirements of 49 CFR 238.112 related to door emergency egress and 
rescue access systems and approve an alternative solution proposed in 
its waiver request.
    Finally, Brightline requests that FRA exercise its authority under 
49 U.S.C. 20306 (Section 20306) to exempt the Valero Trainsets from the 
requirement of 49 U.S.C. 20302 (Section 20302), which mandates that 
railroad vehicles be equipped with (1) secure sill steps and an 
efficient hand brake; (2) secure grab irons or handholds on the 
vehicle's ends and sides for greater security to individuals coupling 
and uncoupling the vehicle; and (3) the standard height of drawbars. 
See 49 U.S.C. 20302(a)(1)(B), (a)(2), and (a)(3).
    In support of its request for relief, Brightline asserts that the 
Valero Trainsets have specific technologically advanced features that 
justify an exemption from Section 20302. First, Brightline notes that 
individual units in the trainset cannot be uncoupled except within a 
maintenance facility, protected by blue signal rules, and under the 
direction of trained maintenance personnel. This eliminates the need 
for train crews to perform traditional ``switching'' operations. 
Second, for the trainset's ends, which may be coupled to another 
trainset during regular service in double traction mode or during an 
emergency rescue operation, Brightline indicates there is a fully 
automatic coupler with a remote-controlled uncoupling mechanism in the 
operating cab, providing electric and pneumatic connections, making 
uncoupling levers unnecessary. Third, as it is not required for a 
person to step between the vehicle's end to connect jumper cables or 
air hoses, end handholds are not needed. Finally, because there are 
operating cabs on both ends of the trainset, ``reverse moves'' are 
performed with a conductor or brakeman riding inside the opposite, or 
non-controlling, cab and not riding the exterior of the trainset.
    Section 20306 authorizes FRA to exempt rail equipment from the 
requirements of 49 U.S.C. chapter 203, including Section 20302, when 
those requirements ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations under existing law.'' Section 20306 requires FRA to base 
any such exemption on either (1) findings developed at a hearing; or 
(2) an agreement between labor and the developer of the equipment.
    As Brightline indicates in its Petition, FRA has previously held 
Section 20306 hearings for equipment substantially similar to the 
Valero Trainsets.\1\ The equipment was also proposed to be operated in 
substantially similar operating environments to that which Brightline 
proposes in this docket.\2\ Accordingly, Brightline asserts that no new 
information on the Valero

[[Page 8480]]

Trainset's safety appliances could be gathered from another public 
hearing. As a result, FRA finds that holding a public hearing under 
Section 20306 in response to Brightline's current exemption request is 
not necessary and FRA intends to rely on the findings from these 
previous hearings when considering Brightline's current exemption 
request.
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    \1\ See FRA Docket Nos. FRA-2019-0066 (Amtrak) and FRA-2019-0068 
(Texas Central Railroad (see also 85 FR 69700 (Nov. 3, 2020). Both 
FRA dockets are available for review on www.regulations.gov.
    \2\ Id.
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    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. Although, for the 
reasons discussed above, FRA does not anticipate scheduling a public 
hearing, if any interested parties desire an opportunity for oral 
comment and a public hearing, they should notify FRA, in writing, 
before the end of the comment period and specify the basis for their 
request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC 
20590.
    Communications received by March 22, 2021 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered if practicable. Anyone can search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the comment (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. 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. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-02365 Filed 2-4-21; 8:45 am]
BILLING CODE 4910-06-P