[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Proposed Rules]
[Pages 14449-14451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05177]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 299

[Docket No. FRA-2019-0068, Notice No. 2]
RIN 2130-AC84


Texas Central Railroad High-Speed Rail Safety Standards

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Proposed rule; announcement of public hearings.

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SUMMARY: On March 10, 2020, FRA published a notice of proposed 
rulemaking (NPRM) that would establish safety standards for the Texas 
Central Railroad (TCRR) high speed rail system. FRA is announcing three 
public hearings to provide members of the public an opportunity to 
provide oral comments on the proposed safety requirements.

DATES: The public hearings will be conducted on the following dates at 
the following times (members of the public will be able to access the 
hearing location 30 minutes prior to the start of each hearing):
     Dallas, TX: March 31, 2020, from 4 p.m. (CDT) to 9 p.m. 
(CDT).
     Navasota, TX: April 1, 2020, from 5 p.m. (CDT) to 9 p.m. 
(CDT).
     Houston, TX: April 2, 2020, from 5 p.m. (CDT) to 9 p.m. 
(CDT).

[[Page 14450]]

    The comment period for the proposed rule published on March 10, 
2020 (85 FR 14036), closes on May 11, 2020. Written comments in 
response to views or information provided at the public hearings must 
be received by that date.

ADDRESSES: The public hearings will be at the following locations:
     Dallas, TX: Waxahachie Civic Center, 2000 Civic Center Ln, 
Waxahachie, TX 75165.
     Navasota, TX: Grimes County Fairgrounds and Expo Center, 
5220 FM 3455, Navasota, Texas 77868.
     Houston, TX: Waller High School Auditorium, 20950 Field 
Store Rd, Waller, TX 77484.
    Written comments in response to views or information provided at 
the public hearings may be submitted by any of the methods listed in 
the NPRM. See 85 FR 14036.

FOR FURTHER INFORMATION CONTACT: Mr. Kenton Kilgore, Program Analyst, 
U.S. Department of Transportation, Federal Railroad Administration, 
Office of Railroad Safety, 1200 New Jersey Avenue SE, Washington, DC 
20590 (telephone: (202) 493-6286; email: Kenton.Kilgore@dot.gov).

SUPPLEMENTARY INFORMATION:

Prior Public Engagement as Part of the Environmental Review Process

    During the environmental review process, FRA provided many 
opportunities for public involvement and engagement, beginning with 12 
public scoping meetings held in various locations in Texas in October 
and December of 2014. On December 22, 2017, FRA published the draft 
environmental impact statement (EIS) for this project. FRA then 
conducted 11 public hearings regarding the draft EIS along the proposed 
alignment. In addition to providing a forum to present oral comments 
and submit written comments, the public hearings for the draft EIS 
included an information session where the public had an opportunity to 
review project exhibits (such as maps of the proposed alignments) and 
engage with FRA and TCRR regarding the environmental review. During the 
77-day comment period on the draft EIS, which closed on March 9, 2018, 
FRA received a total of 21,173 submissions from approximately 6,000 
individuals, agencies, elected officials, businesses and 
organizations.\1\
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    \1\ FRA is considering all comments received and will provide 
responses to the comments submitted during the public comment period 
for the draft EIS in the final EIS. FRA anticipates releasing the 
final EIS in late spring of this year.
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Public Hearings To Receive Oral Comment on the NPRM--Purpose and Scope

    As stated above, FRA published the NPRM proposing safety 
requirements specific to the TCRR high-speed rail system, and opened 
the public comment period on March 10, 2020. See 85 FR 14036. The 
public comment period for the NPRM is scheduled to close on May 11, 
2020. FRA is holding three public hearings to receive oral comment on 
the provisions proposed in the NPRM; however, no information session 
will be conducted. During the hearing conducted in Dallas, TX, FRA will 
also conduct proceedings under 49 U.S.C. 20306, which are discussed 
further below.
    Members of the public are invited to present oral statements, and 
to offer information and views about the technical safety requirements 
proposed in the NPRM at the upcoming hearings. Unlike the public 
hearings conducted for the environmental review, the purpose and scope 
of these hearings is to receive oral comments on the technical safety 
requirements proposed in the NPRM, along with the associated economic 
analysis. The NPRM public hearings are not a forum for debate on the 
project as a whole or to provide comment on proceedings outside of the 
NPRM, such as the environmental review process. Rather, the NPRM 
hearings are meant to help inform FRA's decisions regarding the 
technical safety requirements proposed in the NPRM, and associated 
economic analysis. The hearings on the NPRM will be conducted by 
representatives of FRA designated under FRA's Rules of Practice (49 CFR 
211.25). The rules of evidence will not apply. The hearings will be 
informal, which means that they are non-adversarial proceedings and 
there will be no cross examination of persons presenting statements or 
offering evidence. These hearings are an opportunity to provide 
relevant technical information to FRA regarding the proposed 
requirements, and associated economic analysis, and a mechanism to 
place that information on the record for review and consideration by 
FRA.

Exemption for Technological Improvements--Proceedings Under 49 U.S.C. 
20306

    As noted above, as part of the hearing conducted in Dallas, TX, FRA 
will conduct proceedings under 49 U.S.C. 20306 to determine whether to 
invoke its discretionary authority to provide relief to TCRR from 
certain requirements of 49 U.S.C. ch. 203 for its planned operation of 
new high-speed trainsets built to the proposed requirements contained 
in the NPRM. FRA will conduct these proceedings during the first hour 
of the hearing.
    Under 49 U.S.C. 20306, FRA may exempt TCRR from the above-
identified statutory requirements based on evidence received and 
findings developed at a hearing demonstrating that the statutory 
requirements ``preclude the development or implementation of more 
efficient railroad transportation equipment or other transportation 
innovations under existing law.'' Accordingly, to receive such evidence 
and develop findings to determine whether FRA should invoke its 
discretionary authority under 49 U.S.C. 20306 in this instance, 
proceedings will be conducted as part of the public hearing scheduled 
for Tuesday, March 31, 2020, at 4:00 p.m. (CDT) at the Waxahachie Civic 
Center. Interested parties are invited to present oral statements at 
the hearing regarding the technical information presented in the NPRM 
addressing the application of 49 U.S.C. ch. 203. Again, as mentioned 
above, this part of the proceedings will be an informal hearing limited 
in scope to the technical information presented regarding the proposed 
requirements concerning safety appliances, and is not a forum to 
generally debate the project or other proceedings outside of the 
rulemaking.
    In its rulemaking petition, submitted April 16, 2016, TCRR 
requested FRA exercise its authority under 49 U.S.C. 20306 to exempt 
its high-speed passenger rail trainsets from the requirements of 49 
U.S.C. 20302, mandating that railroad vehicles be equipped with (1) 
secure sill steps and efficient hand brakes; (2) secure grab irons or 
handholds on vehicle ends and sides for greater security to individuals 
coupling and uncoupling vehicles; 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 an exemption, TCRR noted in its 
petition that safety appliances such as sill steps or end or side 
handholds are typically used in conventional North American practice by 
maintenance personnel who ride the side of trainsets in yards or 
maintenance facilities for marshalling operations. The N700 series 
trainset, as proposed in the NPRM, is a fixed-consist trainset where 
trainset make-up only occurs in defined locations where maintenance 
personnel can safely climb on, under, or between the equipment, 
consistent with the protections afforded under 49 CFR part 218. 
Additionally, the leading and trailing ends of the

[[Page 14451]]

N700 series trainset are equipped with an automatic coupler located 
behind a removable shroud. These couplers, as proposed by TCRR, will 
only be used for rescue operations in accordance with TCRR's operating 
rules, and provide for the safe coupling of one trainset to another 
(i.e., each end will have automatic self-centering couplers that couple 
to other trainsets on impact and uncouple by mechanisms that do not 
require a person to go between trainsets or the activation of a 
traditional uncoupling lever). Further, as proposed, level boarding 
will be provided at all locations in trainset maintenance facilities 
where crew and maintenance personnel are normally required to access or 
disembark trainsets. Moreover, because the equipment is a fixed-consist 
trainset in which individual vehicles are semi-permanently coupled and, 
as noted above, individual vehicles can only be disconnected in repair 
facilities where personnel can work on, under, or between units under 
protections consistent with 49 CFR part 218, having drawbars at the 
statutorily prescribed height is unnecessary.
    As such, there is not a functional need to equip the ends of the 
trainsets with sill steps, end or side handholds, or uncoupling levers. 
As this technology is intended to operate at high-speeds, the inclusion 
of these appurtenances would have a significant and detrimental impact 
on the aerodynamics of the trainset. This increase in the aerodynamic 
footprint would negatively impact both efficiency and aerodynamic noise 
emissions.
    TCRR also noted that trainset securement will be provided by the 
use of wheel chocks in addition to stringent operating rules and 
procedures, which will be consistent with the service-proven procedures 
utilized on the Tokaido Shinkansen. Additionally, as proposed in the 
NPRM, TCRR will be required to demonstrate, as part of its vehicle 
qualification procedures, that the procedures effectively secure the 
trainset (see proposed Sec.  299.607).
    In sum, TCRR asserted that requiring compliance with the identified 
statutory requirements would serve to preclude the development or 
implementation of more efficient railroad transportation equipment or 
other transportation innovations under existing law.

Procedures for Public Participation in the Hearings on the NPRM

    At each NPRM hearing, FRA representatives will make opening 
statements reiterating the scope of the hearing as described above, and 
any relevant procedures to be followed at the hearing. Following FRA's 
opening statements, there will be an opportunity for members of the 
public to present a brief oral comment on the record. Time permitting, 
FRA will allow everyone who desires to provide an oral comment at a 
hearing the opportunity to do so. Those members of the public wishing 
to make a statement at the hearing will be required to sign up to do so 
at the hearing location prior to the commencement of the proceeding.
    FRA will generally limit the duration of individual presentations, 
as necessary, to afford all persons who wish to speak the opportunity 
to do so. However, during the proceedings under 49 U.S.C. 20306, in 
Dallas, TX, TCRR may be afforded additional time to present information 
to support its request for FRA to invoke its discretionary authority 
under 49 U.S.C. 20306.
    FRA will announce additional procedures that may be necessary for 
the conduct of each hearing, at each hearing, to include the specific 
time limit for individual presentations, which will be based on the 
number of people who sign up to provide comment at each hearing. FRA 
reserves the right to limit participation in the hearing of persons who 
exceed their allotted time, or who discuss topics or issues outside the 
scope of the proposed rulemaking.
    There will be a court reporter present to record and transcribe 
oral comments presented at each hearing verbatim. FRA will add the 
transcripts of the hearings to the public docket in this rulemaking 
proceeding.
    For information on facilities or services for persons with 
disabilities, or to request special assistance at the hearing, contact 
FRA Program Analyst, Mr. Kenton Kilgore, by telephone, email, or in 
writing, at least 5 working days before the date of the hearing by one 
of the means listed in the FOR FURTHER INFORMATION CONTACT section.

John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-05177 Filed 3-10-20; 4:15 pm]
 BILLING CODE 4910-06-P


