[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Page 60736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19034]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0098]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on August 27, 2023, Brightline 
Trains Florida LLC (BLF) \1\ petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from 49 CFR 213.353(e), 
Turnouts, crossovers, and lift rail assemblies or other transition 
devices on moveable bridges. For administrative convenience, FRA has 
placed BLF's petition in Docket Number FRA-2022-0098.
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    \1\ Florida East Coast Railway (FEC) owns the track involved in 
this proposal.
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    BLF explains that its request for relief is proposed to enable BLF 
to proceed with the critical testing processes of Positive Train 
Control (PTC) Field Qualification Testing (FQT), PTC Simulated Revenue 
Service Demonstration (SRSD), and Simulated Service Demonstration (SSD) 
\2\ on the segment of its Phase 2 project connecting West Palm Beach, 
Florida, with Cocoa, Florida (Phase 2 N/S Corridor). As such, BLF 
requests that the waiver apply to train movements necessary in support 
of PTC Testing and crew qualification and would expire upon completion 
of SSD.
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    \2\ The simulated service demonstration referenced by BLF will 
be conducted pursuant to 49 U.S.C. 20170.
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    Paragraph (e) of 49 CFR 213.353 requires all hand operated switches 
to be equipped with a redundant operating mechanism for maintaining the 
security of switch point position. BLF notes that there are 55 hand 
operated switches in its Phase 2 N/S Corridor, although the proposed 
waiver would only apply to 31 switches that are located in Class 6 
track. BLF explains existing mitigations will be in place for the 
purpose of completing testing and service demonstration (i.e., the PTC 
system will provide protection for improperly lined switches through 
enforcement of the protecting signals and after passing a signal, if a 
switch in the block becomes improperly lined, the automatic train 
control (ATC) system will enforce the most restrictive cab signal 
state).
    BLF asks for expedited review given scheduled start of the 
referenced testing.
    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 party 
desires 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 must be submitted to www.regulations.gov, 
with a copy to Carolyn Hayward-Williams, Director, Office of Railroad 
Systems and Technology, telephone: 202-493-6036, email: <a href="/cdn-cgi/l/email-protection#51327f393028263023357c26383d3d38303c2211353e257f363e27"><span class="__cf_email__" data-cfemail="3e5d10565f47495f4c5a1349575252575f534d7e5a514a10595148">[email protected]</span></a>.
    Communications received by September 12, 2023 will be considered by 
FRA before final action is taken. FRA reserves the right to make an 
initial decision in this docket in advance of the close of the comment 
period and contingent upon subsequent consideration of any comments 
submitted to the docket within the comment period.
    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), the U.S. Department of Transportation (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/privacy-notice for the privacy notice of 
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-19034 Filed 9-1-23; 8:45 am]
BILLING CODE 4910-06-P


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