8478 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices 

Preservation Act; Clean Air Act; and 

Federal Clean Water Act. 

TVA anticipates seeking required 

permits or authorizations, from the 

following governmental entities: The 

Nuclear Regulatory Commission; 

Federal Aviation Administration; U.S. 

Department of Transportation; 

Tennessee Department of 

Transportation; U.S. Army Corps of 

Engineers; U.S. Coast Guard; U.S. 

Environmental Protection Agency; 

Tennessee Department of Environment 

and Conservation; U.S. Fish and 

Wildlife Service; the City of Oak Ridge; 

Tennessee State Historic Preservation 

Officer; Tribal Historic Preservation 

Officers; and Texas Department of State 

Health Services, Radiation Control 

Program, Radiation Safety Licensing 

Branch. This is not an exhaustive list, 

other permits or authorizations may be 

sought as required or appropriate. 

Public Participation and Scoping 

Process 

TVA seeks comment and participation 

from all interested parties for the 

proposed action, including, but not 

limited, to assisting TVA in determining 

the scope of issues for analysis in the 

PEIS. Information about this project is 

available at https://www.tva.com/nepa, 

which includes a link to an online 

public comment page. TVA invites the 

public to identify other potential 

alternatives, information, and analysis 

relevant to the proposed action. 

Comments must be received or 

postmarked no later than March 19, 

2021. Federal, state, local agencies, and 

Native American Tribes are also invited 

to provide comments. Please note that 

any comments received, including 

names and addresses, will become part 

of the project administrative record and 

will be available for public inspection. 

To accommodate social distancing 

guidelines and public health 

recommendations related to the COVID– 

19 pandemic, TVA will host a virtual 

open house during the scoping period. 

The virtual open house will be held on 

March 1, 2021, from 6:00–8:00 p.m. 

EST. Visit https://www.tva.com/nepa to 

obtain more information about the 

virtual open house. Additional open 

house details will be available on the 

project site by February 17, 2021. 

PEIS Preparation and Schedule 

TVA will consider comments received 

during the scoping period and develop 

a scoping report, which will be 

published at https://www.tva.com/nepa. 

The scoping report will summarize 

public and agency comments that were 

received and identify the projected 

schedule for completing the PEIS 

process. Following completion of the 

CRN Site environmental analysis, TVA 

will post a Draft PEIS for public review 

and comment on the project web page. 

TVA anticipates holding a public open 

house, which may be virtual, after 

releasing the Draft PEIS. Open house 

details will be posted on TVA’s website 

in conjunction with the Draft PEIS. TVA 

expects to release the Draft PEIS in the 

Fall of 2021. 

TVA will consider the substantive 

comments received on the Draft PEIS, 

financial assessments, engineering 

evaluations, risk evaluations, and other 

applicable evaluations in the Final PEIS 

before selecting one or more 

alternatives. TVA projects completing a 

Final PEIS in Spring 2022. 

Subsequently, a final determination on 

proceeding with the CRN Site will be 

documented in a Record of Decision. 

Authority: 40 CFR 1501.9. 

Rebecca Tolene, 

Vice President, Environment. 

[FR Doc. 2021–02144 Filed 2–4–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final. The actions relate to a 

proposed highway project, I–10 Blythe 

Pavement Rehabilitation Project in the 

County of Riverside, State of California. 

Those actions grant licenses, permits, 

and approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, is advising the public 

of final agency actions subject to 23 

U.S.C. 139(l)(1). A claim seeking 

judicial review of the Federal agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before July 6, 2021. If the Federal law 

that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans: Antonia Toledo, Senior 

Environmental Planner, California 

Department of Transportation-District 8, 

464 W 4th Street, MS–820, San 

Bernardino, CA 92401. Office Hours: 

8:00 a.m.—5:00 p.m., Pacific Standard 

Time, telephone, (909) 501–5741 or 

email Antonia.Toledo@dot.ca.gov. For 

FHWA, contact David Tedrick at (916) 

498–5024 or email david.tedrick@

dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Notice is hereby given 

that Caltrans has taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California: rehabilitation of the 

existing asphalt concrete (AC) pavement 

on Interstate 10 from Post Mile (PM) 

R134.0 to PM R156.5 in the County of 

Riverside. Rehabilitation Activities 

include removal and replacement of 

existing inside and outside shoulders, 

guardrails, rumble strips, drainage 

inlets, and dikes, and installation of 

oversized drains. The project will also 

involve upgrades to ramp facilities for 

ADA compliance, installation of two 

temporary detour lanes in the existing 

median, extension of existing rock slope 

protection at bridge locations, and 

hydroseeding the median for erosion 

control and vegetation restoration. The 

primary purpose of this project is to 

restore and extend the life of existing 

pavement for a minimum of forty years, 

enhance trip reliability, and 

consequently minimize expenditures 

associated with future maintenance. The 

actions by the Federal agencies, and the 

laws under which such actions were 

taken, are described in the Final 

Environmental Assessment (FEA)/ 

Finding of No Significant Impact 

(FONSI) for the project, approved on 

July 27, 2020, and in other documents 

in Caltrans’ project records. The FEA, 

FONSI and other project records are 

available by contacting Caltrans at the 

addresses provided above. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. Council on Environmental Quality (CEQ) 

regulations 

2. National Environmental Policy Act of 

1969, as amended, 42 U.S.C 4331(b)(2) 

3. Federal Highway Act of 1970, U.S.C 772 

4. Federal Clean Air Act of 1977 and 1987 

5. Clean Water Act of 1977 and 1987 

6. Federal Water Pollution Control Act of 

1972 

7. Safe Drinking Water Act of 1944, as 

amended 

8. Executive Order 11988, Floodplain 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices 8479 

1See 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. 

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. 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] 

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 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 


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