[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]
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