Petition for Waiver of Compliance, 8479-8480 [2021-02365]
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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices
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Authority: 23 U.S.C. 139(l)(1).
Issued on: February 2, 2021.
Rodney Whitfield,
Director, Financial Services, Federal Highway
Administration, California Division.
[FR Doc. 2021–02448 Filed 2–4–21; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2020–0096]
jbell on DSKJLSW7X2PROD with NOTICES
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
VerDate Sep<11>2014
18:53 Feb 04, 2021
Jkt 253001
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
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
8479
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 remotecontrolled 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
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.
E:\FR\FM\05FEN1.SGM
05FEN1
jbell on DSKJLSW7X2PROD with NOTICES
8480
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices
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.
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: https://
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.
VerDate Sep<11>2014
18:53 Feb 04, 2021
Jkt 253001
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
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2005–21179]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on December 3, 2020, Union Pacific
Railroad Company (UPRR) petitioned
the Federal Railroad Administration
(FRA) for an extension of a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 229, Railroad
Locomotive Safety Standards, and part
232, Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment; End-Of-Train Devices.
FRA assigned the petition Docket
Number FRA–2005–21179.
Specifically, UPRR requests to extend
its relief from 49 CFR 229.49, Main
reservoir systems, and 49 CFR 232.103,
General Requirements for All Train
Brake Systems, for locomotives having a
safety valve on the main reservoir,
which prevents accumulation of more
than 25 psi above maximum working
pressure. UPRR states it has been
operating under the requirements set
forth in this waiver for 15 years and has
found no adverse effect on the safety of
operations.
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. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
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: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
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. 2021–02364 Filed 2–4–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Proposed Agency Information
Collection Activities; Comment
Request
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the OCC,
the Board, and the FDIC (the agencies)
SUMMARY:
E:\FR\FM\05FEN1.SGM
05FEN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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: https://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
