
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]               
[Page 38172-38173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-136]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

DesertXpress Enterprises, LLC

[Docket Number FRA-2010-0098]

    The DesertXpress Enterprises, LLC (DXE) seeks a waiver of 
compliance from certain provisions of Title 49 of the CFR. 
Specifically, DXE is considering purchasing vehicles that are 
constructed to and meet European safety standards for crash-worthiness 
and related safety measures for use on its proposed high-speed rail 
corridor between Victorville, California, and Las Vegas, Nevada. DXE 
seeks relief from certain requirements of 49 CFR part 238, Passenger 
Equipment Safety Standards (Sec. Sec.  238.115, 238.121, 238.435, 
238.447, 238.403, 238.405, 238.407, 238.409, 238.411, 238.413, 238.417, 
238.419); 49 CFR part 231, Railroad Safety Appliance Standards (Sec.  
231.14); and 49 CFR part 229, Railroad Locomotive Safety Standards 
(Sec.  229.141).
    DXE intends to design, develop, and construct an intercity high-
speed passenger-only rail corridor, exclusive of freight operations, 
connecting Victorville, CA, and Las Vegas, NV, along a 183-mile long, 
double track alignment. The system will feature a high-speed train 
operation at speeds up to 150 mph (FRA Class 8), featuring preferred 
electric multiple unit (EMU) technology train-sets based upon the 
Regina system, which was developed by Bombardier in Sweden. Most of the 
alignment will run parallel to the Interstate-15 (I-15) highway 
corridor, making maximum use of excess freeway right of way and 
minimizing impact upon the largely undeveloped land alongside the 
highway. There will be no highway-rail grade crossings with road 
vehicles.
    DXE is considering purchasing non-FRA compliant EMU Regina train-
sets for this high-speed rail system, and is requesting this relief 
primarily as a result of DXE's decision to construct and operate this 
project as a grade-separated, passenger-only system, with no freight 
trains or any other dissimilar trains operating on the line and no 
highway-rail grade crossings. DXE asserts that an added level of safety 
is further provided by DXE's exclusive, grade-separated system, in 
combination with advanced positive train control, broken rail 
detection, unique highway/rail barrier protection, and use of an 
intrusion detection system. According to DXE, these EMU's will offer 
higher reliability than typical FRA-compliant equipment, higher energy 
efficiency due to light vehicle weight, and better performance due to 
power-to-weight ratio which will enable these train-sets to climb steep 
grades. No push-pull or locomotive-hauled trains will be used, so that 
in the event of a collision, only identical train-sets will be 
involved, thereby simplifying the design requirements for crash-
worthiness.
    Noting that certain provisions in 49 CFR part 231 pertaining to 
safety appliances are statutorily required, and therefore not subject 
to FRA's waiver authority, DXE also requests that FRA exercise its 
authority under 49 U.S.C. 20306 to exempt DXE from certain provisions 
of Chapter 203, Title 49 of the United States Code because the EMU 
Regina vehicles will be equipped with their own array of safety devices 
resulting in equivalent safety.
    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, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.

[[Page 38173]]

    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0098) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.--5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 2010-16053 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P

