Petition for Waiver of Compliance
| Citation | 88 FR 60736 |
| Published date | 05 September 2023 |
| Record Number | 2023-19034 |
| Court | Federal Railroad Administration,Transportation Department |
| Section | Notices |
Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)
[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: [email protected].
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
