Petition for Waiver of Compliance

Citation88 FR 60736
Published date05 September 2023
Record Number2023-19034
CourtFederal Railroad Administration,Transportation Department
Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
                [Page 60736]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2023-19034]
                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.
                 \1\ Florida East Coast Railway (FEC) owns the track involved in
                this proposal.
                 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.
                 \2\ The simulated service demonstration referenced by BLF will
                be conducted pursuant to 49 U.S.C. 20170.
                 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
                 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
                 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,
                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, as described in the
                system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
       See also for the privacy notice of
                 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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