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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices Management 9. Historic Sites Act of 1935
10. Endangered Species Act of 1973
11. Executive Order 11990, Protection of Wetlands 12. Executive Order 13112, Invasive Species 13. Fish and Wildlife Coordination Act of 1934, as amended 14. Migratory Bird Treaty Act of 1918, as amended 15. Title VI of the Civil Rights Act of 1964, as amended 16. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 17. National Historic Preservation Act of 1966, as amended 18. Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended Uniform Act 19. Farmland Protection Policy Act of 1994
20. Americans with Disabilities Act ADA, 1990
21. Rehabilitation Act, Section 504
22. Comprehensive Environmental Response, Compensation and Liability Act of 1980
23. Resource Conservation and Recovery Act of 1976
24. Occupational Safety and Health Act of 1970
25. Toxic Substances Control Act of 1976
26. Executive Order 12088, Federal Compliance with Pollution Control Standards Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and activities apply to this program.
Authority: 23 U.S.C. 139l1.
Issued on: February 2, 2021.
Rodney Whitfield, Director, Financial Services, Federal Highway Administration, California Division.
FR Doc. 202102448 Filed 2421; 8:45 am BILLING CODE 4910RYP

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Docket Number FRA20200096

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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

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assigned the petition Docket Number FRA20200096.
Brightlines 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 FRAs 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 Brightlines waiver petition. Accordingly, Brightlines 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
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grab irons or handholds on the vehicles 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.
20302a1B, a2, and a3.
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 trainsets 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 vehicles 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. FRA20190066 Amtrak and FRA20190068 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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