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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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: 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 

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: 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. 

• 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 

AGENCY: 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. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (PRA), the OCC, 

the Board, and the FDIC (the agencies) 


jbell on DSKJLSW7X2PROD with NOTICES